
Book_J-5 



SCHOOL LAWS 

OF IOWA 

FROM THE CODE OF 1897, THE SUPPLEMENT TO 

THE CODE OF 1907, AND THE AGTS OF THE 

THIRTY-THIRD AND THIRTY-FOURTH 

GENiiRAL ASSEMBLIES 

WITH 

NOTES, FORMS, AND DECISIONS 



FOR 



USE AND GOVERNMENT OF DIRECTORS 
AND SCHOOL OFFICERS 



EDITION OF 1911 



A. M. DEYOE 

Superintendent op Public Instruction 

DES MOINES: 

EMORY H. ENGLISH, STATE PRINTER 
E. D. CHASSELL, STATE BINDER 

1912 



SCHOOL LAWS 

OF IOWA ^Y^ 

FROM THE CODE OF 1897, THE SUPPLEMENT TO 

THE CODE OF 1907, AND THE ACTS OF THE 

THIRTY-THIRD AND THIRTY-FOURTH 

GENERAL ASSEMBLIES 

WITH 

NOTES, FORMS, AND DECISIONS 

FOR 

USE AND GOVERNMENT OF DIRECTORS 
AND SCHOOL OFFICERS 



EDITION OF 1911 



A. M. DEYOE 

Superintendent of Public instruction 

DE3 MOINES: 

EMORY H. ENGLISH, STATE PRINTER 

E. D. CHASSELL, STATE BINDER 

1912 



V 



^y 



A»^ 



JUL 1 '912 



CVJ* 









TRANSMIT TO SUCCESSOR 



Each school officer, upon the termination of his term of office, shall 
immediately surrender to his successor all books, papers and money 
pertaining or belonging to the office, taking a receipt therefor. 

Code, Section 2770. 



PREFACE 



The School Laws of Iowa, Section 2624, authorizes the Superintendent 
of Public Instruction, if he deems necessary, to cause to be printed 
every four years all school laws in force up to that time, with such 
notes, forms, rulings and decisions as may be of value to school officers 
in the discharge of their duties. 

Each school corporation and each director is entitled to receive a 
copy for which the school officers are responsible. These copies are to 
be delivered to successors in office and it is therefore urged that spe- 
cial pains be taken to preserve them. Copies of the school laws cannot 
be secured by writing the State Department, but school officers entitled 
to them shall inquire of their County Superintendent. Copies may also 
be purchased from the County Auditor of each county at twenty cents 
each. 

The explanatory notes printed herein have been prepared in accord- 
ance with recent legislation and the most recent rulings of the Su- 
preme Court, Superintendent of Public Instruction, and opinions of the 
Attorney General. References in most instances have been given 
which will indicate the source of authority and add value to their use. 
Those who desire additional information will find the Supreme Court 
decisions on file in every court house, which may be consulted upon 
application to the Clerk of the District Court. 

The appended decisions are those rendered by the Department of 
Public Instruction. Only such decisions as involve the most important 
points in law are contained in the present volume. Reading these 
decisions will give a clearer understanding of the laws. 

The sections will appear in practically the same order as in the 1907 
edition. Sections of the Laws amended by the Legislature since the 
publication of the Edition of 1907, have been revised in accordance 
therewith. Entirely new legislation will be given under chapters 
which have been taken from the reports of the Thirty-third and Thirty- 
fourth General Assemblies. Until such time as a complete re-codifi- 
cation of our school laws takes place the present order must be main- 
tained. 

This book is submitted to the school officers of Iowa with the hope 
that such matter as may appear will be read thoughtfully and the 
knowledge gained thereby will enable the directors to perform better 
their duties to the public. 

A. M. DEYOE, 
Superintendent of Public Instruction. 



SCHOOL LAWS OF IOWA 



THE SUPERINTENDENT OF PUBLIC INSTRUCTION 



Section 2621. Office — records — deputy. The superintendent of pub- 
lie instruction shall have an office in the capitol, in which shall be filed 
and kept separately all papers, reports and documents, transmitted to 
him each year by the several county superintendents, and open to 
inspection by the governor or a committee of either house of the gen- 
eral assembly whenever required. He shall keep a record of all matters 
and things done in his office, which, together with all other papers and 
documents, at the conclusion of his term, shall be turned over to his 
successor. He may appoint a deputy, who shall qualify in like manner 
as his principal, and who, in the absence or inability or the superin- 
tendent, shall perform his duties. [C. 73, §§ 766-7, 770, 1578: C. '51, 
§§ 416, 1078.] 

Sec. 2622. Duties — teachers' conventions and institutes. He shall 
be charged with the general supervision of all the county superin- 
tendents and the common schools of the state ; may meet county super- 
intendents in convention at such points in the state as may be most 
suitable for the purpose, at which proper steps may be taken looking 
toward securing a more uniform and efficient administration of the 
school laws. He shall appoint, upon the request of county superin- 
tendents, the time and place for holding teachers' institutes, such 
institutes to be called when it is probable that not less than twenty 
teachers will be present, and remain in session not less than six work- 
ing days, of which time and place of meeting he shall give notice to 
the county superintendent of the proper county. lie shall attend 
teachers' institutes thus called in the several counties of the state, 
so far as consistent with his official duties, and assist in their man- 
agement and intruction. He shall have power to collect, publish and 
distribute statistical and other information relative to public schools 
and education in general; to visit teachers' association meetings and 
make tours of inspection among the common schools and other insti- 
tutions of learning in the state, and may deliver addresses upon sub- 
jects relative to education; to prepare, publish, and distribute blank 
forms for all returns he may deem necessary, or that may be required 
by law, of teachers, or school officers; to publish and distribute an- 
nually leaflets and circulars relative to arbor day, memorial day, and 
other days considered by him worthy of special observance in public 
schools, the number to be determined by the executive council; to 
prepare questions for the use of county superintendents in the exami- 



8 SCHOOL LAWS OF IOWA 

nation of applicants for teachers' certificates; and to prepare, publish, 
and distribute, among teachers and school officers, courses of study for 
use in the rural and high schools of the state, the number thereof to 
be fixed by the executive council. "When any county superintendent 
fails to make any report as required of him by law the superintendent 
of public instruction may appoint some suitable person to perform 
such duties and fix reasonable compensation therefor, which shall 
be paid by the delinquent county superintendent. [31 G. A., ch. 3, § 6; 
28 G. A., ch. 94, § 1; C. '73, §§ 1577, 1584; C. '51, sec. 1080.] 

Notes: 1. Term of institute. No teachers' institute will be appointed for 
less than six working days. There may be two or more sessions, but one 
of them must be of at least six working days' duration. 

2. Supplemental institute. Supplemental institutes will be appointed for 
less than six days if requested by the county superintendent. The sup- 
plemental session should be requested in connection with the regular in- 
stitute. 

Sec. 2623. Opinions — appeals. He shall render opinions in writing 
upon request of any school officer regarding the school law, its admin- 
istration, and the duty of such officer, and shall determine all cases 
brought before him on appeal from the decisions of the county super- 
intendents. [C. '73, § 1577; a '51, § 1080.] 

Notes: 1. All questions answei-ed. It has been the custom for many 
years to answer all proper inquiries, from whatever source, touching the 
construction and application of the school laws. 

2. Letters not returned. As all correspondence of value must be filed for 
preservation, it is obvious that it is impossible to comply with a request 
to return a letter with the reply. 

Sec. 2624. Publication of school laws. He shall every four years, 
if deemed necessary, cause to be printed and bound in cloth all school 
laws in force up to that time, with such notes, forms, rulings and 
decisions as may be of value in aid of school officers in the proper 
discharge of their duties, reference being made to previous laws 
amended or changed, so as to indicate the effect of such amendment or 
change ; one copy of which shall be sent to each county superintendeiit, 
and one to each district and independent district in the state, to be 
distributed by the several county superintendents. Volumes bound 
in paper covers shall be furnished to each school director to be dis- 
tributed by the county superintendent, which shall be turned over by 
the director to his successor in office. Should he deem it unnecessary 
at any time to prepare a volume as above provided, the superintendent 
may cause to be published in pamphlet form such amendments to the 
school laws as have been passed by the general assembly, which shall 
be distributed in the manner and to the parties hereinbefore provided. 
He may subscribe for a sufficient number of copies of some educational 
school paper, printed and published in the state, to furnish one to each 
county superintendent ; but no paper shall be selected which will not 
publish each decision made by him relating to the school law, and 
which he may regard of general importance ; and the certificate of hav- 
ing thus subscribed shall be sufficient authority for the auditor of state 



SCHOOL LAWS OF IOWA 9 

to issue his warrant upon the state treasurer for the amount of the 
subscription. [22 G. A., eh. 59 ; 18 G. A., ch. 150, §§ 1, 2 ; C. '73, §§ 1579, 
1581.] 

Sec. 2625. Reports. He shall on the first day of January report to 
the auditor of state the number of persons in each couhty between 
the ages of five and twenty-one years, and biennially to the governor; 
which report shall contain a statement of the condition of the common 
schools in the state, the number of school townships and districts 
therein, number of independent districts, number of teachers, number 
of schools, number of schoolhouses and value thereof, number of per- 
sons of school age, number of scholars in each county attending school 
the previous year, number of books in district libraries, the value of 
all apparatus in schools, and such other statistical information as may 
be of public importance, plans matured or adopted for the more perfect 
organization and efficiency of the common schools; and any sugges- 
tions he may deem important, regarding further legislation, which 
will strengthen the common schools of the state. Provided, however, 
he shall make a report during the year 1906, which said report shall 
cover the period only from the date of his last biennial report, and 
shrill report to the governor biennially thereafter. [31 G. A., ch. 121; 
22 G. A., ch. 82, § 29 ; C. '73, §§ 1582-3 ; C. '51 § 1086.] 

Note: Explanation. The word districts in line live means subdistricts. 

Sec. 2626. Appropriations for institutes. To defray the expenses 
of county teachers' institutes, there is hereby appropriated out of any 
moneys in the state treasury not otherwise set apart a sum not to 
exceed fifty dollars annually for each institute held in each county, 
which sum the superintendent shall receive from the state treasurer, 
upon the warrant of the state auditor, to be issued to him upon his 
certificate; which amount, when drawn, shall be forthwith remitted 
to the proper county superintendent. If any balance remains of this 
sum after paying the expenses of the institute, it shall be covered 
into the county treasury of the proper county and credited to the 
institute fund. [C. '73, § 1584.] 

Sec. 2627. Salary and expenses. The salary of the superintendent 
of public instruction shall be twenty-two hundred dollars per annum, 
and that of his deputy eighteen hundred dollars, to be paid monthly 
upon the warrant of the state auditor, and, in addition thereto, the 
state superintendent shall receive three hundred dollars annually, or 
so much thereof as may be necessary, to pay actual traveling expenses 
incurred in the performance of official duties, to be allowed upon an 
itemized and verified account filed with the state auditor, who shall 
draw his warrant upon the state treasurer for the amount allowed. 
[32 G. A., ch. 2, § 5; 28 G. A., ch. 94, § 2; 22 G. A., ch. 109, § 1 ; 21 G. 
A., ch. 118, § 6 ; C. '73, § 3760.] 

THE EDUCATIONAL BOARD OF EXAMINERS 

Sec. 2628. Members. The educational board of examiners shall 
consist of the superintendent of public instruction, president of the 
university, principal of the normal school, and two persons to be ap- 



10 SCHOOL LAWS OF IOWA 

pointed by the governor, one of whom shall be a woman, the appointees 
to hold office for a term of four years and be ineligible as his or her 
successor, the superintendent of public instruction to be by virtue of 
his office president of the board. [19 G. A., eh. 167, § 1.] 

Sec. 2629. Meetings — examination. The board shall meet for the 
transaction of business at such times and places as the president may 
direct, and shall annually hold at least two public examinations of 
teachers, to be conducted by a member or the secretary of the board or 
by such qualified person or persons as the board may select. All exam- 
inations shall be conducted in accordance with rules and regulations 
adopted by the board, not inconsistent with the laws of the state, and a 
record shall be kept of all its proceedings. It may issue state certifi- 
cates and state diplomas to such teachers as are found upon examination 
to possess a good moral character, thorough scholarship and knowledge 
of didactics with successful experience in teaching, or with such other 
training and qualifications as the board may require. The examination 
for, certificates and diplomas shall cover orthography, reading, writing, 
arithmetic, geography, English grammar, bookkeeping, physiology, his- 
tory of the United States, algebra, botany, natural philosophy, draw- 
ing, civil government, constitution and laws of the state, and didactics ; 
those for diplomas, in addition to the foregoing, geometry, trigonom- 
etry, chemistry, zoology, geology, astronomy, political economy, 
rhetoric, English literature, general history, and such other studies as 
the board may require. [32 G. A., ch. 6, § 2; 29 G. A., ch. 114; 28 G. 
A., ch. 95 ; 19 G. A., ch. 167, §§ 2-4.] 

Sec. 2630-b. Special certificates. The educational board of exam- 
iners may issue a special certificate to any teacher of music, drawing, 
penmanship or other special branches, or to any primary teacher, of 
sufficient experience, who shall pass such examJnation as the board 
may require in the branches, and methods pertaining thereto, for 
which the certificate is sought. Such certificates shall be designated 
by the name of the branch, and shall not be valid for any other depart- 
ment or branch. The board shall keep a complete register of all per- 
sons to whom certificates or diplomas are issued. [28 G. A., ch. 96, § 
2; 23 G. A., ch. 22.] 

Notes: 1. Mnds. Under authority of tliis section, the board of examiners 
may issue special state certificates for any subject or group of subjects taught 
or maintained in the public schools. 

2. For whom. The special state certificate is intended for teachers of 
special branches, as a recognition of professional skill, expert scdiolarship, 
and successful experience in teaching a particular subject. 

3. Scholarship. While the candidate must possess complete and technical 
knowledge of the special branch' for the teaching of which a certificate is 
desired, some general education and culture will be required, as a certificate 
cannot be granted on account of proficiency in one subject only. 

4. Subjects. The (holder of a special certificate will be authorized to teach 
the branch specified, in any public school in the state for a period of five 
years. Section 2631. A special primary certificate authorizes the holder 
to teach in primary departments. Primary departments are held to include 
work in first, second and third grades. 

5. Special county certificates, See section 2734-e. 



SCHOOL LAWS OF IOWA 11 

Sec. 2630-c. Validation authorized. The state educational board of 
examiners is hereby empowered to validate certificates issued by state 
departments of education in other states, where such certificates were 
issued upon evidence of scholarship and experience equivalent to that 
required for like certificates under the laws of this state. Such vali- 
dated certificate shall authorize the holder to teach in any public school 
in the state for five years after date of such validation. [34 G. A., ch. 
130, § 1; 32G. A., ch. 149.] 

Note: Certificates on college graduation. Sections 2634-f to 2634-li. 

Sec. 2631. How long valid — revocation — fees. A state certificate 
shall authorize the holder to teach in any public school in the state 
for five years thereafter, and a diploma shall confer such authority for 
life; but any certificate or diploma may be revoked by the board for 
sufficient cause, or such cause as would, if known at the time, have pre- 
vented issuance thereof, provided the holder of such certificate or 
diploma shall have due notice, and shall be allowed to be present and 
make his defense. For each certificate issued the applicant shall pay 
two dollars, and for each diploma five dollars, which may be reqviired 
before the examination is commenced. All monies obtained from this 
source shall be paid into the state treasury. [32 G. A., ch. 6, § 3; 19 
G, A., ch. 167, §§ 5, 6.] 

Notes: 1. Subjects for which valid. Holders of any valid license, not a 
special certificate, may teach any subject prescribed In the curriculum, 
whether the holder was examined in such subject. Attorney-general, report 
1906, page 42. (For validity of special state certificates, see section 2630-b.) 

2. No exemption. The fact that a teacher holds a state certificate, or a 
state diploma, does not In any way exempt him from the same obligations 
imposed by the law upon other teachers. It is the duty of all teachers to 
attend the county normal institute and to support the county superintendent 
In all measures calculated to Improve the schools and to advance the inter- 
ests of education in the county. 

3. Registration of certificates. All certificates and diplomas must be reg- 
istered In each county in which the holder desires to teach. Section 2734-q. 

Sec. 2632. Eepeal. There is hereby repealed sections twenty-six 
hundred thirty-two (2632) twenty-seven hundred thirty-four (2734), 
twenty-seven hundred thirty-five (2735), twenty-seven hundred thirty- 
six (2736), twenty-seven hundred thirty-seven (2737) of the code, and 
sections twenty-seven hundred thirty-four (2734). twenty-seven hun- 
dred thirty-six (2736), twenty-seven hundred thirty-seven (2737) of 
the supplement to the code, and following enacted in lieu thereof: 

Sec. 2633. Account of moneys. The board shall keep an accurate 
and detailed account of all money received and expended, which, with 
a list of those receiving certificates or diplomas, shall be published 
by the superintendent of public instruction in his annual report. [19 
G. A., ch. 167, § 9.] 

Sec. 2634-a. Repeal — compensation — secretary — employes — salaries. 
That section twenty-six hundred thirty-four-a (2634-a) of the supple- 
ment to the code be, and the same is hereby, repealed and the following 
enacted in lieu thereof : 



12 SCHOOL LAWS OF IOWA 

''Each member of the board shall receive for the time actually em- 
ployed in such service, his actual necessary expenses, and those not 
salaried officers or employes of the state or any institution thereof 
shall be paid in addition three ($3.00) dollars per day. The board 
shall have power to employ a secretary and prescribe his duties. He 
shall receive a salary not exceeding one hundred . ($100.00) dollars 
per month and actual necessary expenses while engaged in the per- 
formance of his duties at places other than the capitol. The board 
shall have power to employ such persons as are necessary to assist in 
examinations and in reading answer papers and for clerical work and 
other necessary assistance. Persons so employed shall receive, not 
to exceed fifty cents per hour for the time actually employed and actual 
traveling expenses to and from the place where their services are 
required. All expenditures authorized to be made under the provisions 
of chapter two (2) of title thirteen (XIII) of the code and of the sup- 
plement to the code and amendments thereto and under the provisions 
of chapter one hundred and twenty-two (122), acts of the thirty-first 
general assembly and under the provisions of this act shall be cer- 
tified by the chairman of the educational board of examiners to the 
executive council for payment. If found correct the executive council 
shall cause same to be paid from any funds paid into the state treas- 
ury under the provisions of section twenty-six hundred thirty-one 
(2631) of the code and chapter one hundred twenty-two (122), acts 
of the thirty-first general assembly and amendments thereto," [32 
G. A., ch. 6, § 4; 27 G. A., ch. 11; 25 G. A., ch. 36; 19 G. A., ch. 167, 
§8.] 

Note: For the convenience of school people the department of public 
instruction has given numbers to sections 2634-b-2634-b6. 

Sec. 2634-al. Printing. This act shall be construed as giving legal 
authority to the educational board of examiners to obtain all the neces- 
sary printing for the performance of their duties, as required by law, 
in the same manner as the printing is provided for state officers. [Same, 
§ 5.]. 

NORMAL TRAINING IN HIGH SCHOOLS. 

Sec. 2634-b. Eepeal. Section twenty-six hundred and thirty-four-b 
(2634-b), twenty-six hundred and thirty-four-c (2634-c), and twenty- 
six hundred and thirty-four-d (2634-d), of the supplement to the code 
of 1907, are hereby repealed and the following enacted in lieu thereof: 
[34 G. A., ch. 131.] 

Sec. 2634-c. Normal courses in certain high schools. For the pur- 
pose of increasing the facilities for training teachers for the rural 
schools, by requiring a review of such common branches as may be 
deemed essential by the superintendent of public instruction and for 
instruction in elementary pedagogy and the art of teaching elementary 
agriculture and home economics, provision is hereby made for normal 
courses of study and training in the eleventh and twelfth grades in 
such accredited four year high schools as the superintendent of public 



SCHOOL LAWS OF IOWA 13 

instruction may designate, provided that such high schools shall be se- 
lected and distributed with regard to their usefulness in supplying 
trained teachers for the rural schools of all portions of the state and 
with regard to the number of teachers required for the rural schools in 
each portion of the state. It is further provided that where a county 
high school or a township high school can meet the requirements of the 
superintendent of public instruction, it shall be given preference over 
a city high school. [34 G. A., ch. 131.] 

Notes: 1. Private and denominational schools are eligible to qualify 
under this law but may not receive financial aid. 

2. Private and denominational schools, in order to be eligible to the pro- 
visions of this act, must maintain a course that is equivalent to that 
maintained in a four-year high school. 

3. A class of ten enrolled in the normal course may be composed in part 
from those enrolled in the eleventh grade, and in part from those enrolled 
in the tvsrelfth grade. 

Sec. 2634-d. Private and denominational schools. Private and de- 
nominational schools are eligible to the provisions of this act, except 
as to receiving state aid. [34 G. A., ch. 131.] 

Sec. 2634-dl. State aid — reports — limitations. Each high school ap- 
proved under the provisions of this act shall receive state aid to the 
amount of five hundred dollars ($500.00) per annum, payable in two 
equal installments at the close of each semester as hereinafter provided. 
The superintendent of each approved training school shall at the close 
of each semester file such report with the superintendent of public 
instruction as said officer may require. Upon receipt of a satisfactory 
report the superintendent of public instruction shall issue a requisition 
upon the auditor of state for the amount due the school corporation 
of said high school for said semester, whereupon the auditor of state 
shall draw a warrant on the state treasury payable to said school 
corporation for the amount of said requisition and forward the same 
to th^ secretary of said school corporation. 

It is further provided that in case more than one high school in any 
county shall be approved under the provisions of this act that the total 
state aid distributed in such county shall not exceed eight hundred 
dollars ($800.00) to be divided equally among said high schools. 

No high school shall be approved as entitled to state aid unless a 
class of ten (10) or more shall have been organized, maintained and 
instructed during the preceding semester in accordance with the pro- 
visions of this act and the regulations of the superintendent of public 
instruction. [34 G. A., ch. 131.] 

Sec. 2634-d2. Inspector — salary — traveling expenses. The appro- 
priation provided by this act for instruction of pupils in high schools 
in the science and practice of rural school teaching and the teaching 
of elementary agriculture and home economics, may be expended in 
part for inspection and supervision of such instruction by the super- 
intendent of public instruction and by such person as he may designate, 
and the expense of such inspection and supervision shall be paid out of 
said appropriation on vouchers certified by the superintendent of pub- 



14 SCHOOL LAWS OF IOWA 

lie instruction. In accordance with the foregoing provisions of this 
section, the superintendent of public instruction is authorized to appoint 
an inspector of normal training in high schools and private and denom- 
inational schools at a salary of not to exceed two thousand dollars 
($2,000.00) per year and necessary traveling expenses while in the 
discharge of his duties. [34 G. A., ch. 131.] 

Sec. 2634-d3. State superintendent to prescribe conditions of admis- 
sion, etc. The superintendent of public instruction shall prescribe the 
conditions of admission to the normal training classes, the course of 
instruction, the rules and regulations under which such instruction shall 
be given and the requirements for graduation subject to the provisions 
of this act. [34 G. A., ch. 131.] 

Sec. 2634-d4. Examinations for graduation— fees. On the first Fri- 
day in February and the Wednesday and Thursday immediately pre- 
ceding and on the second Friday in May and the Wednesday and Thurs- 
day immediately preceding, each year, in each high school approved 
under this act, an examination for graduation from the normal training 
course shall be conducted under such rules as the state board of ex- 
aminers shall prescribe, but the county superintendent of the county in 
which an approved high school may be located shall be designated as 
the conductor of said examination. 

Each applicant for a certificate of graduation shall pay a fee of one 
dollar ($1.00), one-half of which shall be paid into the state treasury 
on or before the first day of the succeeding month, and one-half of 
which shall be paid into the county institute of the county wherein the 
examination is held. [34 G. A., ch. 131.] 

Sec. 2634-d5. Certificate of graduation. A certificate of graduation 
from the normal training course provided for in this act shall be issued 
by the superintendent of public instruction and shall be a valid license 
to teach in any public school in the state for a term of two years, sub- 
ject to registration as provided for other teachers' certificates. After 
thirty-six weeks of successful teaching experience, which -shall be 
certified _ by the county superintendent of the county under whose 
supervision the applicant may have taught, any person holding a 
normal training certificate issued under the provisions of this act shall 
receive a uniform county certificate of such grade as the requirements 
governing the issuance of uniform county certificates would entitle 
said person to receive. [34 G. A., eh. 131.] 

Sec. 2634-d6. Appropriation. For the purpose of carrying out the 
provisions of this act, there is hereby appropriated out of any moneys 
in the state treasury not otherwise appropriated the sum of twenty- 
five thousand dollars ($25,000), available for the period ending July 1, 
1912, and the sum of fifty thousand dollars ($50,000) annually there- 
after. [34 G. A., ch. 131.] 

Sec. _2634-e. Sworn statement. At the close of each school year, 
the principal or superintendent of each accredited school shall file 
with the board of examiners a sworn statement, showing the name, 
age, postoffice address, studies and attendance of each of the students 



SCHOOL LAWS OF IOWA 15 

in bis school taking the prescribed teachers' course. [29 G. A., ch. 115, 
§ 4.] 

Sec. 2634-f. Graduates from accredited colleges. That the state 
educational board of examiners may accept graduation from the regu- 
lar and collegiate courses in the state university, state normal schools, 
and the state college of agriculture and mechanic arts, and from other 
institutions of higher learning in the state having regular and collegiate 
courses of equal rank, as evidence that a teacher possesses the scholar- 
ship and professional fitness for a state certificate. [32 G. A., ch. 148, 

Sec. 2634-g". State certificates granted. That in all cases where 
such graduation shows the extent and quality of scholarship that is 
required by section twenty-six hundred and twenty-nine (2629) of the 
supplement to the code, and when the teacher possesses a good moral 
character and satisfies the board of being professionally qualified, there 
shall be granted by said board of examiners a state certificate valid 
for five vears to teach in anv public school in the state. [32 G. A., 
ch. 148, § 2.] 

Note: Certificates. By examination, sections 2629, 2630-b. On Certifi- 
cates from other states, 2630-c. 

Sec. 2634-h. Renewal. All certificates referred to in section twenty- 
six hundred twenty-nine (2629), twenty-six hundred thirty-b (2630-b), 
twenty-six hundred thirty-c (2630-c), twenty-six hundred thirty-four-f 
(2634-f), and twent.y-six hundred thirty-four-g (2634-g), of the sup- 
plement to the code, 1907, shall be renewed for life by the state board 
of educational examiners upon the payment of a fee of five dollars 
($5.00) and proof of at least five years' successful teaching, three of 
which shall have been during the time the said certificate (with re- 
newals) has been in force. [34 G. A., ch. 130, § 3 ; 32 G. A., ch. 148, §3.] 

See. 2734-a. Repeal. There is hereby repealed sections twenty-six 
hundred thirty-two (2632), twenty-seven hundred thirty-four (2734), 
twenty-seven hundred thirty-five (2735), twenty-seven hundred thirty- 
six (2736), twenty-seven hundred thirty-seven (2737) of the code, and 
sections twenty-seven hundred thirty-four (2734), twenty-seven hun- 
dred thirty-six (2736), twenty -seven hundred thirty-seven (2737) of 
the supplement to the code, and the following enacted in lieu thereof. 
[31 G. A., ch. 122, § 1.] 

Sec. 2734-b. County superintendent — qualifications — deputy. The 
county superintendent, who may be of either sex, shall be the holder 
of a first grade certificate as provided for in this act, or a state certifi- 
cate or a life diploma, and shall, during his term, be ineligible to the 
office of any school director or member of the board of supervisors 
If for any cause he is unable to attend to his official duties, he may 
appoint a deputy, who may act in his stead, except in visiting schools 
and trying appeals. He shall serve as the organ of communication 
between the superintendent of public instruction and school township, 
district or independent district authorities, and transmit to them or 
the teachers thereof all blanks, circulars or other communications 
designed for them. He shall visit the different schools in his county 



16 SCHOOL LAWS OF IOWA 

at least once during the school year and at such other times as he may 
be requested by a majority of the directors of any school corporation, 
and give personal instruction to the pupils for at least one-fourth of 
the day. The county superintendent shall on the first Monday of each 
month file with the county auditor an itemized and sworn statement of 
actual traveling expenses incurred during the previous month in visit- 
ing schools and in attending educational meetings within his county, 
and such expenses shall be paid by the county board of supervisors, 
but the total amount paid for any month shall not be more than twenty 
dollars. [31. G. A., ch. 122, § 1.] 

Notes: 1. Certificate in force. To be eligible to the office of county 
superintendent a candidate must have held — and in force — a first grade cer- 
tificate, a state certificate, or a life diploma. 135 Iowa, 100. 

2. Personal supervision. Personal supervision by the county superin- 
tendent is understood to extend to all schools. Visitation by the county 
superintendent of city graded schools is not compulsory. During his visit 
to a school the superintendent may hear recitations and give instructions 
to pupils, but usually the regular work of the sdhool should proceed under 
the immediate direction of the teacher. 

3. Visitation. The superintendent in his visits should endeavor to aid, 
instruct, and inspire teachers to employ the best methods of teaching, gov- 
erning and conducting their schools. He should try to secure the proper 
classification of pupils, the right use of the course of study and school 
libraries, and due care and protection of school property. He should study 
to awaken among parents and children a deeper interest in the public schools, 
so as to secure improved attendance, deportment and scholarship, and induce 
more frequent visits of parents and school ofiicers. A judicious visit from 
the superintendent may often infuse new life into the school. 

4. Condition of buUddngs. The county superintendent should carefully ob- 
serve the condition of the schoolhouse and surroundings, note all defects, and 
at once notify the director or board of the same. 

5. Statement of traveling expense. The itemized statement of traveling 
expenses must give the date the expense was incurred, for what, to whom 
paid, and the amount paid. 

6. Deputy — bond — compensaticn. A deputy of the county superintendent 
may receive such a reasonable allowance for his services as the board of 
supervisors thinks best. The deputy must take the same oath as his prin- 
cipal, must give a bond, and both appointment and bond must be approved 
by the board of supervisors before the deputy may enter upon the duties 
of his ofiice. Code, section 1186. 

7. Legal adviser. The county attorney is the legal adviser of the differ- 
ent county officers. He should be freely consulted on questions of law upon 
which the county superintendent is in doubt. Section 2740. Code, sec- 
tion 302. 

Sec. 2734-c. Examinations. On the last Friday and Wednesday 
and Thursday preceding in the months of January, June, July and 
October, the county superintendent shall meet and, with such assistants 
as may be necessary, examine all applicants for a teacher's certificate. 
Such examinations shall be held at the county seat, in a suitable room 
which shall be provided for that purpose by the board of supervisors ; 
but the county superintendent may, at his discretion, cause to be held 
at the time of any regular examination an additional exainination at 
some other place in the county. The questions used in such examinations 
shall be furnished by the educational board of examiners, who shall 



SCHOOL LAWS OP IOWA 17 

cause the same to be printed, and the examinations shall be conducted 
strictly under rules prescribed by the board. [31 G. A., ch. 122, § 3.] 

Notes: 1. Supplemental examination. Where two examinations are held 
in a county, one will be in charge of a competent deputy appointed by the 
county superintendent. It is only in exceptional cases and where a large num- 
ber of applicants will be accommodated that a second examination should 
be authorized. 

2. Assistants — comijensation of. The county superintendent should ap- 
point such assistants as may be necessary to properly conduct the examina- 
tion. The persons assisting shall file claims for their services with the board 
of supervisors, who shall audit and allow a reasonable compensation there- 
for. Section 2742. 

Sec. 2734-d. First grade certificates — subjects. The examination 
for the first grade certificate shall include competency in and ability to 
teach orthography, reading, writing, arithmetic, geography, grammar, 
history of the United States, didactics, elementary civics, elementary 
algebra, elementary economics, elementary physics, elements of vocal 
music, physiology and hygiene, vt'hich in each division of the subject 
shall include special reference to the effects of alcohol, stimulants and 
narcotics upon the human system. [31 G. A., ch. 122, § 4.] 

Notes: 1. Subjects for which valid. Holders of any valid license, not 
a special certificate, may teach any subject prescribed in the curriculum, 
whether the holder was ex'amined in such subject. Attorney-general, report 
1906, page 42. 

2. Validity. First grade certificates are valid in any county in which they 
are registered. Section 2734-q. 

3. Term — renewal. A first grade certificate is issued for three years and 
is renewable subject to conditions named in section 2734-g. 

Sec. 2734-e. Special certificates. A special certificate may be issued 
for any subject or any group of subjects taught in the public schools 
of Iowa upon examination in such special subject or group of subjects 
and per cents therein such as are required for the issue of a first grade 
county certificate. A special certificate shall be issued for a terra of 
three years and shall be renewable under the same conditions as apply 
to the renewal of first grade certificates. It shall state the names of 
the subjects for which it is issued, and shall not be valid for the teaching 
of any other subjects. [34 G. A., ch. 130, 77, § 4 ; 31 G. A., ch. 122, § 5.] 

Notes: 1. Kinds of special certificates. The following kinds of special 
certificates are issued: 1, music; 2, penmanship; 3, drawing; 4, kindergar- 
ten; 5, domestic science; 6, manual training; 7, Latin; 8, German; 9, Greek; 
10, French; 11, physical culture; 12, English, including grammar, rhetoric, 
English composition and English and American literature; 13, history and 
political science, including Greek, Roman, English and American history, 
civil government of Iowa and of the United States, and economics; 14, 
mathematics, including higher arithmetic, algebra, geometry and trigonom- 
etry; 15, natural science, including pihysiology, physical geography, geology, 
botany and zoology; 16, physical science, including physics, chemistry and 
astronomy; 17, commercial, including arithmetic, penmanship, bookkeeping 
and commercial law; 18, stenography. 

2. Subjects may be added. Any candidate passing in one of these groups 
can at his option add another subject or group of subjects to said group 
2 



18 SCHOOL LAWS OF IOWA 

without paying an additional fee, provided the examination is completed at 
a given date. 

3. Subjects for which valid. The holder of a special certificate may teadh 
only the subjects named. 

4. Validity. Special certificates are valid in any county in the state in 
which are registered. Section 2734-q. 

5. Renewal. See sections 2734-g and 2734-k. 

6. Special state certificates. Section 263 0-b. 

See. 2734-f. Record of examinations. A record shall be kept by the 
county superintendent of all examinations taken within his county, 
with the name, age and residence of each applicant, and the date of 
the examination. [31 G. A., ch. 122, § 6.] 

Notes: 1. Records. The records of the examinations should be care- 
fully kept, because from them the reports to the board of supervisors, county 
and state treasurers and superintendent of public instruction must be made. 

2. Details. This record should show the names of the candidates, fees 
received and date, and grade of certificate issued to each. 

Sec. 2734-g. First grade certificates — renewal. Applicants who 
have taught successfully for at least thirty-six weeks, and whose ex- 
amination entitles them to the first grade certificate, shall receive the 
same for a term of three years from the date thereof, and such certif- 
icate shall be renewable without examination, provided the applicants 
shall show by testimonials from superintendents or principals who have 
had immediate supervision of their professional study that at least 
one line of professional inquiry has been successfully conducted during 
the life of the certificate, it being made the duty of the board to forward 
with each certificate subject to renewal, outlines setting forth various 
lines of professional study. It is provided further that each applica- 
tion for renewal shall be accompanied by such proof of successful 
experience and professional spirit as the educational board of examiners 
may require. [34 G. A., ch. 130, § 5 ; 33 G. A., ch. 181, § 1 ; 31 G. A., ch. 
122, § 7.] 

Sec. 2734-h. Second grade certificates — renewal. Applicants whose 
examination entitles them to second grade certificates only, shall re- 
ceive the same for not to exceed two years with the privilege of renewal 
of the same without further examination under the same conditions 
as govern the renewal of first grade certificates. The holder of a 
second grade certificate, may at any of the examinations provided for 
in section twenty-seven hundred thirty-four-e (2734-c) of the supple- 
ment to the code, 1907, take an examination in any one or more of the 
additional branches, required for the issue of a first grade certificate, 
or he may at any such time be re-examined in any branch or branches 
in which he desires to raise his grade, and in each case the new per 
cent shall be placed on his certificate, and when he has thus success- 
fully passed in all the branches required for the issue of a first grade 
certificate, such certificate shall then be issued to him, provided he has 
had at least thirty-six weeks' successful experience in teaching, if 
not, then at the conclusion of such experience. In like manner third 
grade certificates may be changed into those of the second or first 
grade, and in all cases whether the certificate be of the first, second or 



SCHOOL LAWS OF IOWA 19 

third grade, credit shall be given for all examinations taken under the 
auspices of the board, it being the intention of the law that an examina- 
tion once taken shall be final unless the certificate holder desires to be 
re-examined in any one or more branches with a view of raising his 
per cent in such branches or his general average. [34 G. A., ch. 130, 
§ 6; 33 G. A., ch. 181, § 2; 31 G. A., ch. 122, § 8.] 

Notes: 1. Subjects. The examination for a second grade certificate in- 
cludes competency in and ability to teach all the subjects enumerated in 
section 2734-d excepting elementary civics, elementary economics, ele- 
mentary algebra and elementary physics. 

2. Subjects for which valid. See note 1, section 2734-d. 

3. Validity. Second grade certificates are valid in any county in which 
they are registered. Section 2734-q. 

4. Term — ^renewal. A second grade certificate is issued for a term of 
two years and may be renewed indefinitely. 

Sec. 2734-hl. Renewal for life — conditions — fee. All certificates re- 
ferred to in sections twenty-seven hundred thirty-four-d (2734-d) and 
twenty-seven hundred thirty-four-e (2734-e) of the supplement to the 
code, 1907, in section twenty-seven hundred thirty-four-g (2734-g) of 
the supplement to the code, 1907, as amended by chapter one hundred 
eighty-one (181) of the acts of the thirty-third general assembly and 
by section five (5) of this act, and in section six (6) of this act, shall 
be renewed for life by the state board of educational examiners upon 
compliance by the holder with the following conditions: 

1. The applicant shall show by testimonials from county or city 
superintendents or from the principals having immediate supervision 
of his school work and from a member of the local school board that 
he has had at least five years' continuous successful teaching experience 
(which may have been before or after the passage of this act) at least 
three of which shall have been immediately prior to the time validation 
is sought and under the grade of certificate for which such validation 
is desired. 

2. The standing of such applicant in the several branches shown 
upon his certificate shall average not less than eighty-five per cent and 
in no branch shall the per cent be less than eighty per cent, provided 
that in case the standing is less than the per cent required, either 
average or special, the holder of the certificate may, at any of the times 
provided in section twenty-seven hundred thirty-four-c (2734-c) of 
the supplement to the code, 1907, take an examination in any branch 
or branches he may desire and the per cent then received shall be 
entered upon his certificate. 

3. The applicant shall furnish proof of professional study during 
the entire five year period such as is made necessary in the case of 
teim renewals of certificates. 

Upon the issue of a life certificate as herein contemplated, the ap- 
plicant shall pay a fee of five dollars ($5.00) to be turned into the 
state treasury. [34 G. A., ch. 130, § 7.] 

Sec. 2734-i. Third grade certificates. Applicants whose examination 
entitles them to a third grade certificate only, shall receive the same 
for one year, at the end of which time upon proof of successful teach- 



20 SCHOOL LAWS OF IOWA 

ing and the payment of a fee of one dollar ($1.00), one renewal shall 
be granted. [34 G. A., Sub. S. F. 77, § 8 ; 31 G. A., ch. 122, § 9.] 

Notes: 1. Subjects. Same as note 1 to section 2734-lh. 

2. Subjects for which valid. See note 1, section 2734-d. 

3. Validity. Third grade certificates are valid in any county in which 
they are registered. Section 2734-q. 

4. Term — ^renewal. Third grade certificates are issued for 12 months and 
are eligible to one renewal. 

5. Credits. Applicants advancing from a third grade certificate under 
this section must do so while the certificate or its renewal is in force. 

Sec. 2734-j. Applicants without experience. Applicants who have 
had no experience in teaching, but whose examination entitles them 
to the first grade, shall receive a second grade certificate for two 
years, provided that when they have taught successfully under such 
certificate for not less than thirty-six weeks, they shall be entitled to 
receive a first grade certificate on the condition herein provided for 
a renewal of a certificate, [31 G. A., ch. 122, § 10.] 

Sec. 2734-k. County certificates — ^renewal — conditions. That sec- 
tion twenty-seven hundred thirty-four-k (2734-k) of the supplement to 
the code, 1907, is hereby repealed. [34 G. A., ch. 130, § 9 ; 31 G. A., 
ch. 122, § 11.] 

Sec. 2734-k-l. Life certificates lapse — when. All life certificates 
provided for in this act shall lapse provided the holder shall not teach 
during a period of five successive years. [34 G. A., ch. 130, § 10.] 

Sec. 2734-1. Qualifications of applicants. Before admitting any one 
to the examination, the county superintendent must be satisfied that 
the person seeking a certificate is of good moral character, of which 
fact he may require proof, and is in all respects other than in scholar- 
ship possessed of the necessary qualifications as an instructor. [31 
G. A., eh. 122, § 12.] 

Sec. 2734-m. Examination papers graded — certificates issued. As 
soon as the examination is completed the county superintendent shall 
forward to the superintendent of public instruction, a list of all appli- 
cants examined, with the standings of each in didactics and oral read- 
ing, and his estimate of each applicant's personality and general fitness, 
other than scholarship, for the work of teaching. He shall at the same 
time forward to the superintendent of public instruction the answer 
papers written, with the exception of those in didactics. Under the 
supervision of the educational board of examiners, the papers shall be 
graded and the scholastic qualifications determined. The result of such 
examination of persons who pass the same shall be entered upon a 
certificate provided by such board, and shall be transmitted to the 
county superintendent of the county in which the person entitled 
thereto resides. [31 G. A., ch. 122, § 13.] 

Notes: 1. Report of examination. All certificates are sent to the county 
superintendent, who should forward tihem to the persons to whom issued. 
At the same time, the report of the standing of those who do not receive 
certificates is sent to the county superintendent, who should at once notify 
each candidate of his standing. 



SCHOOL LAWS OF IOWA 21 

2. Checking. Immediately upon receipt of the certificates, the county 
superintendent should check each one with the examination sheet. By doing 
so, errors may be avoided. 

Sec. 2734-n. Readers — clerical help. Immediately following each 
examination authoi'ized by this act, the board of examiners shall call 
to their assistance a sufficient number of competent readers previously 
selected by the board, ten of whom shall be county superintendents. 
The county superintendents so chosen shall be known as head readers 
and shall also constitute a review board in cases of doubt. They shall 
also make a list of applicants from each county, nearest the passing 
mark for a third grade certificate. The head readers shall receive 
necessary traveling expenses only. All other readers shall receive actual 
traveling expenses to and from the capitol and not to exceed fifty 
cents an hour for time actually employed in reading and marking 
answer papers. Such additional clerical help as may be required may 
be employed by the board at not to exceed thirty cents per hour for 
time actually employed. [31 G. A., ch. 122, § 14.] 

Sec. 2734-0. Expenditures certified and paid. All expenditures 
authorized by this act shall be certified by the superintendent of public 
instruction to the executive council, who shall cause the auditor of 
the state to draw warrants therefor upon the treasurer of state, but not 
to exceed the fees paid into the treasury under the provisions of this 
act. [31 G. A., ch. 122, § 15.] 

Note: For amendment see section 2634-a. 

Sec. 2734-p. Application fee. Each applicant for a certificate shall 
pay a fee of one dollar, one-half of which shall be paid into the state 
treasury on or before the first day of the succeeding month, and one- 
half shall be paid into the county institute fund. [31 G. A., ch. 122, 
§ 16.] 

Notes: 1. Fees — collection of. A fee of $1 must be collected from every- 
one writing an examination either in part or in whole, from everyone apply- 
ing for a provisional certificate and from everyone applying for the renewal 
of a certificate. 

2. Fees — depositing. One-half of the examination fee collected must be 
paid into the institute fund and the other half must be forwarded to the 
treasurer of state, Des Moines, Iowa. These fees should be deposited on the 
FIRST DAY OF THE MONTH. Do not remit to the state treasurer on any 
other date. 

Sec. 2734-q. Registration fee. No person shall teach in any public 
school in this state whose certificate has not been registered with the 
coimty superintendent of the county in which such school is located. 
[34 G. A., ch. 130; 31 G. A., ch. 122, § 17.] 

Notes: 1. All licenses must be registered. Every person holding either 
a state certificate, state diploma, a county certificate, a special certificate, 
or a certificate to teach in kindergartens, who desires to teach, in any of 
the public schools of this state must cause such certificate to be registered 
with the county superintendent of the county in which he desires to teach, 
no matter when the certificate is issued, whether before or since October 
1, 1906. Opinion of attorney-general. 



22 SCHOOL LAWS OF IOWA 

2. Registi'ation — when not necessary. The holder of a certificate may not 
be required to have the same registered unless he desires to teach under its 
authority. 

Sec. 2734-q-l. Acts in conflict repealed. All acts and parts of acts 
inconsistent with the provisions hereof are hereby repealed, and when 
so amended the bill do pass. [34 G. A., ch. 130, § 13.] 

Sec 2734-r. Third grade certificates — when not registered. In case 
a sufficient number of life diplomas, state certificates, first grade cer- 
tificates, special certificates and second grade certificates are held in 
any county to supply the schools thereof, it shall not be incumbent on 
the county superintendent to register third grade certificates. [31 
G. A., ch. 122, § 18.] 

See. 2734-s. Special examination — provisional certificates. When 
a sufficient number of licensed teachers cannot be secured to fill the 
schools of any county, the board of examiners may, upon the request 
of the county superintendent, appoint a special examination for such 
county to be conducted in all respects as a regular examination and 
the answer papers to be forwarded to the president of the board as 
required in regular examinations, and thereupon provisional certifi- 
cates may be issued by the educational board of examiners. [31 G. A., 
ch. 122, § 19.] 

Notes: 1. It is recommended that county superintendents observe strict- 
ly the rules under which provisional certificates are issued. Such observ- 
ance will increase the efiiciency of all departments of public school work. 

2. Provisional certificates — number. It is clearly tihe intent of the law 
that provisional certificates shall be "emergency certificates/' and that not 
more than one should be issued to any person. County superintendents 
should not ask for these certificates except under great necessity. Only 
under exceptional conditions should a provisional certificate be asked for 
any individual the second time. 

Sec. 2734-t. Certificates where valid — revocations. All certificates 
provided for in this act shall be valid in any county within the state, 
when registered in such county, but a provisional certificate shall be 
valid, upon registration, only in the county in which it is issued and 
shall be issued for the same time and subject to the same extension as 
a third grade certificate, but no person shall be entitled to receive more 
than one provisional certificate, except upon the approval of the county 
superintendent. Any certificate or diploma issued by the board may 
be revoked for any cause which would have authorized or required a 
refusal to grant the same, or in case the holder thereof violates any of 
the provisions of this act. [31 G. A., ch. 122, § 20.] 

Sec. 2734-u. Revocation of certificate — charges — trial — appeal. 
When in the judgment of the county superintendent there is probable 
cause for the revocation of a certificate or diploma held by any teacher 
employed in his county, or when charges are preferred, supported by 
affidavits charging incompetency, immoralitj, intemperance, cruelty, 
or general neglect of the business of the schoo^^, the county superintend- 
ent shall within ten days transmit to such person a written statement 
of the charges preferred and set the time and place for the hearing of 
the same, at which trial the teacher shall be privileged to be present 



SCHOOL LAWS OF IOWA 23 

and make defense. If in the judgment of the county superintendent 
there is sufficient grounds for the revocation of the certificate or di- 
ploma, he shall at once issue in duplicate an order revoking the cer- 
tificate or diploma, and the same shall become operative, and of full 
force and effect ten days after the date of its issue, one copy of the 
order to be mailed to the holder of the certificate and the other to be 
mailed to the superintendent of public instruction. Provided that the 
person aggrieved by such order shall have the right to appeal to the 
superintendent of public instruction within ten days from the date of 
such mailing and in case of appeal the revocation shall not be effective 
until the same is affirmed, after full hearing, by the superintendent of 
public instruction. Provided further, that in the case of life diplomas 
or state certificates of whatever class, the revocation shall not be 
effective until affirmed by the educational board of examiners after full 
review by said board. [31 G. A., ch. 122, § 21.] 

Sec. 2734-v. List of persons holding- certificates and attending nor- 
mal institutes. The county superintendent shall annually, on the first 
Monday of September, file with the president of the educational board 
of examiners a list of all persons who for the preceding year have held 
certificates and have attended the normal institute, with the number 
of days attendance of each. A similar report of summer school attend- 
ance shall be secured by the president of the board. In any subsequent 
examination or renewal the board may give such credit for institute 
or summer school attendance as it may determine, any rule adopted to 
apply equally to all similar cases. [31 G. A., ch. 122, § 22.] 

COUNTY SUPERINTENDENT— DUTIES 

Sec. 2738. Normal institute. The county superintendent shall hold, 
annually, a normal institute for the instruction of teachers and those 
who may desire to teach, and, with the concurrence of the superintend- 
ent of public instruction, procure such assistance as may be necessary 
to conduct the same, at such time as the schools in the county are 
generally closed. To defray the expenses of said institute, he shall 
require the payment of a registration fee of one dollar from each per- 
son desiring to secure a certificate, or teach in his- county for the 
ensuing year, and the payment in all cases of one dollar from every 
applicant for a certificate; provided that, if the applicant is granted 
a two-years' certificate, he shall pay one dollar additional. He shall 
monthly, and at the close of each institute, transmit to the county 
treasurer all moneys so received, including the state appropriation for 
institutes, to be designated the "institute fund," together with a 
report of the name of each person so contributing, and the amount. 
The board of supervisors may appropriate out of the general fund such 
additional sum as it may find necessary for the further support of 
such institute. All disbursements of the institute fund shall be by 
warrants drawn by the county auditor, who shall draw said warrants 
upon the written order of the county superintendent, and said written 
order must be accompanied by an itemized bill for services rendered 
or expenses incurred in connection with the institute, which bill must 
be signed and sworn to by the party in whose favor the order is made 



24 SCHOOL LAWS OF IOWA 

and must be verified by the county superintendent. All said orders 
and bills shall be kept on file in the auditor's office until the final settle- 
ment of the county superintendent with the board of supervisors at 
the close of his term of office. No warrant shall be drawn by the 
auditor in excess of the amount of institute fund then in the county 
treasury. The county superintendent shall furnish to the county board 
of supervisors a certified itemized account of the receipts and dis- 
bursements of all moneys collected and paid out by him for a normal 
institute, which account they shall examine, audit and publish a sum- 
mary thereof with their proceedings next following the holding of the 
normal institute. The superintendent shall report to the board of 
supervisors the first of January annually a summary of his official 
financial transactions for the previous year. [34 G. A., ch, 130, § 11 ; 
30 G. A., ch. 113; 29 G. A., ch. 123; 27 G. A., ch. 87; 17 G. A., ch. 54; 
15 G. A., ch. 57; C. '73, § 1769.] 

Notes: 1. Time. The normal institute must be lield when the public 
schools are generally closed. Section 2773 provides that no sdhool may be 
in session during a teachers' institute, except by written permission of the 
county superintendent. 

2. Plans. County superintendent will determine the time and place, and 
suggest the names of conductor and instructors for approval. Form 2. 

3. Term. The length of time during which the normal institute shall re- 
main in session is left to the discretion of the county superintendent. It 
cannot be in session less than six working days. See section 2 622. The 
length of time beyond this will depend largely upon the condition of the 
institute fund. 

4. Value. If the proper means are employed, the normal institute can 
be rendered invaluable to teachers. Young and inexperienced teachers 
should not expect to receive certificates, except of the lowest grade, without 
regularly attending the normal institute. The benefits to be received should 
secure voluntary and general attendance. 

5. Facility. A conductor of successful experience in institute work, able 
to give plain, practical instruction in methods of school organization, gov- 
ernment and teaching, should be secured early. The other instructors should 
be superior teachers of recent experience, and usually one or more lady 
teachers should be employed. 

6. Ability should be established. County superintendents should have 
sufficient evidence of the abilities of their instructors before engaging them. 
In all cases where strangers are employed, references should be required, 
and inquiries made at the state department will frequently secure the prop- 
er knowledge. 

7. Director. The superintendent should be director, assuming the gen- 
eral oversight and direction of the institute. He may receive no part of 
the institute fund in payment for such service. 

8. Purpose. These normal institutes are short training schools, their ob- 
ject being to reach and correct the greatest defect found in the schools. 
The superintendent, in visiting schools, should seek to discover the most 
prominent defects and wants in the metho-^s of instruction. The normal 
institute will afford effective means of reaching and correcting these faults. 
The great object is to Instruct te^o^^ers hOAV to teach children. 

9. Instructors, lecturers, app5»ratus. In normal institutes, efficient and 
earnest instructors should be employed. Charts and other appliances should 
be amply provi'^ed. P^^ysirians and scientists may be invited to lecture, 
and teachers should be exhorted to be sincere, fearless and faithful in the 
discharge of their duty. 

10. Reports to treasurer. The reports and payments to the county treas- 
urer should be made the first of each month, and at the end of the institute. 
Forms 6, 7, 8, and 9. 



SCHOOL LAWS OP IOWA • 25 

11. Settlement with supervisors. It is the duty of the board of super- 
visors to settle with the county superintendent, at tlie close of ihis term of 
office, as with other county officers, according to the provisions of the law. 

12. Examination fee. The examination fee is in every case one dollar. 
Section 2734-p. 

13. Institute registration fee. All parties desiring to secure a certi- 
ficate or teach in a county must pay a fee of one dollar. 

14. Where paid. This fee must be paid in the county where the person 
teaches. In case a certificate is obtained in another county it must be paid 
in that county also at time of certification. 

15. When paid. The law is silent as to when this fee should be paid. It 
is recommended that the fee be collected when application is made for 
certification and when certificates are registered. 

Sec. 2739. Reports. The county superintendent shall annually, on 
the last Tuesday in August, make a report to the superintendent of 
public instruction, giving a full abstract of the several reports made to 
him by the secretaries and treasurers of school boards, stating the 
manner in and extent to which the requirements of the law regarding 
instruction in physiology and hj^giene are observed, and such other 
matters as he may be directed by the state superintendent to include 
therein, or he may think important in showing the actual condition 
of the schools in his county. At the same time, he shall file with the 
county auditor a statement of the number of persons of school age in 
each school township, and independent district in the county. He shall 
also report, as provided by law, to the superintendent of the college 
for the blind, the name, age, residence and postoffice address of every 
person, resident of the county, so blind as to be unable to acquire an 
education in the common schools ; to the superintendent of the insti- 
tution for the deaf and dumb, with the same detail, all persons of 
school age whose faculties in respect to hearing or speaking are so 
deficient as to prevent them from acquiring an education in such 
schools; and to the institution for the feeble-minded, all persons of 
like age who, because of mental defects, are entitled to admission 
therein. [31 G. A., ch. 136, § 1; 21 G. A., ch. 1, § 2; C. '73; §§ 1771, 
1772; R., § 2070.] 

Notes: 1. Blanks. The blanks for the annual report of the county su- 
perintendent, together with instructions for making the report, are fur- 
nished by the superintendent of public instruction. The blanks for the re- 
ports to the different institutions should be furnished by the superintendents 
in charge of such institutions. 

2. Tests. The superintendent should test the accuracy of the treasurers' 
reports by consulting the books of the county treasurer. The amount of 
the several funds reported received from the district tax, also the amount 
received from the semi-annual apportionments, must agree with the county 
treasurer's receipts. 

3. Errors. All errors must be corrected. The balances reported on hand 
in the last report from the district treasurer must the following year be 
correctly accounted for and must form the first item of such report and 
be designated: "On hand at last report." 

4. Enumeration. The abstract of the enumeration of children in each 
district should be made with special care, complete and accurate; other- 
wise the county will not obtain its just proportion of the income of the per- 
manent school fund. 



26 SCHOOL LAWS OF IOWA 

5. Delayed reports. Should the district secretaries or treasurers fail to 
make their reports in time, the superintendent should take prompt meas- 
ures to secure them, going after them if necessary. 

Sec. 2740. Enforcing laws. The county superintendent shall see 
that all provisions of the school law, so far as it relates to the schools 
or school officers within his county, are observed and enforced, speci- 
ally those relating to the fencing of schoolhouse grounds with barb 
wire, and the introduction and teaching of such divisions of physiology 
and hygiene as relate to the effects of alcohol, stimulants and narcotics 
upon the human system, and to this end he may require the assistance 
of the county attorney, who shall at his request bring any action neces- 
sary to enforce the law or recover penalties incurred. [21 G. A., ch. 1 ; 
§ 2; 20 G. A., ch. 103, § 2.] 

Sec. 2741. Penalty. Should he fail to make the report herein re- 
quired of him to the superintendent of public instruction or the county 
auditor, he shall forfeit to the school fund of his county the sum of fifty 
dollars, to be recovered in an action brought by the county for the 
use of the school fund, and in addition shall be liable for all damages 
occasioned thereby. [C. '73, § 1773; R., § 2072.] 

Note: 1. Additional to penalty. In addition to the penalty provided 
in tlhis section for a failure to make the annual report, the delinquent 
county superintendent is required to pay a reasonable compensation to 
the person whom the superintendent of public instruction may appoint to 
make such report for him. Section 2622. 

Sec. 2742. Compensation. He shall receive a salary of twelve hun- 
dred and fifty dollars a year, and the expenses of necessary office sta- 
tionery and postage, and those incurred in attendance upon meetings 
called by the superintendent of public instruction; claims therefor to 
be made by verified statements filed with the county auditor, who 
shall draw his warrant upon the county treasurer therefor; and the 
board of supervisors may allow him such further sum by way of com- 
pensation as may be just and proper. [29 G. A., ch. 124; 19 G. A., ch. 
161; § 1; C. '73, § 1776; K, § 2074.] 

Notes: 1. Superintendent determines office days. It is the intention of 
the law that each county superintendent shall determine the time neces- 
sary to be employed in the duties of his office, and the division of labor to 
be made. Of course, specific duties are required, such as making certain 
reports at times designated, visiting schools, and that he shall conform to 
the instructions from the superintendent of public instruction. But in gen- 
eral, he is to decide for himself, as indicated in his oath of office, what 
means will best advance the work in his county. 

2. Office supplies furnished. The board of supervisors shall furnish the 
county superintendent with an office at the county seat, together with fuel, 
lights, blanks, books and stationery necessary and proper to enable him 
to discharge the duties of his office, but in no case shall such officer be per- 
mitted to occupy an office also occupied by a practicing attorney. Code, 
section 468. Report, attorney-general, 1906, page 261. 

3. Office stationery — what may be included. Attendance and classifica- 
tion registers, record books for school directors and secretaries, librarian's 
records for rural libraries, institute records, report cards, and packages 
of blanks for use of school officers in calling meetings and making reports 



SCHOOL LAWS OF IOWA * 27 

were held to be necessary office stationery. See decision of Judge J. H. 
Applegate in case of Hammond & Stephens Co, vs. Dallas county, Dallas 
county district court. 

THE SYSTEM OF COMMON SCHOOLS. 

Sec. 2743. School districts — corporate powers. Each school dis- 
trict now existing shall continue a body politic as a school corporation, 
unless hereafter changed as provided by law, and as such may sue and 
be sued, hold property, and exercise all the powers granted by law, 
and shall have exclusive jurisdiction in all school matters over the 
territory therein contained. [C. '73, §§ 1713, 1716; K, §§ 2022, 2026; 
C. '51, § 1108.] 

Notes: 1. Boundaries. In boundaries, school townships usually coincide 
with civil townships. 41 Iowa, 30. 

2. Garnishee. Section 3936 of the code provides that a municipal or po- 
litical corporation shall not be garnisheed. However, the corporation may 
waive exemption for this process. 25 Iowa, 315. 

3. All territory in some corporation. The policy of our law is, that the 
territory once organized for school purposes must always remain within 
some jurisdiction, and that it may not be detached from the jurisdiction to 
which it belongs without at the same time becoming a separate jurisdiction 
or a part of another jurisdiction for school purposes. 82 Iowa, 10. Decisions, 
33 and 58. 

4. General Powers. A school corporation may possess and exercise the 
following powers: (a) Those granted in express terms, (b) Those neces- 
sarily implied or necessarily incident to the powers expressly granted, (c) 
Those absolutely essential to the declared objects and purposes of the cor- 
poration. 25 Iowa, 163; 39 Iowa, 447; 52 Iowa, 193; and 19 Iowa, 199. 

5. Validity of school organization. Quo warranto, rather than certiorari, 
is the proper remedy to test the validity of t)he organization of a school 
district, and appeal to the superintendent is not the exclusive remedy. 
129 Iowa, 538. 

6. Unauthorized official acts — test of. Code, section 4313, authorizing 
a quo warranto proceeding to test the official and corporate rights does not 
preclude a school township from maintaining an action in equity in its own 
name to enjoin persons, assuming without authority to act as officers of an 
independent district within the township, from interfering with the rights 
of the school township and also for an accounting, as the former proceeding 
is for the protection of public interest and the latter to redress private 
wrongs.. 122 Iowa, 602. 

Sec. 2744. Names. District townships now existing shall here- 
after be called school townships, subdivision of which shall be called 
subdistricts. School corporations shall be designated as follows: The 
school township of (naming civil township), in the county of (naming 
county), state of Iowa; or, the independent school district of (naming 
city, town or village, and if there are two or more districts therein, 
including some appropriate name or number), in the county of (nam- 
ing county), state of Iowa; or, the rural independent school district 
of (some appropriate name or number) township of (naming town- 
ship), in the county of (naming county), state of Iowa. [27 G, A., 
ch. 91, § 1; C. '73, § 1716; R., § 2026; C. '51, § 1108.] 

Notes: 1. Subdistrict not a corporation. A subdistrict is not a corpora- 
tion, and hence can neither hold property nor perform any corporate act. 
Decisions, 13. 



28 SCHOOL LAWS OF IOWA 

2. Use of corporate name. In suits, contracts and conveyances, the cor- 
porate name should be strictly observed. 

3. Change of name. At their annual meeting, the electors of any rural 
independent school district may vote by ballot to change the name of the 
district, and the board will be guided by this expressed wish. 

See. 2745. Directors. The affairs of each school corporation shall 
be conducted by a board of directors, the members of which in all 
independent school districts shall be chosen for a term of three years, 
and in all subdistricts of school tow^nships for a term of one year. 
[26 G. A., ch. 40 ; 18 G. A., ch. 143 ; 17 G. A., ch. 113 ; 15 G. A., ch. 27 ; 
C. '73, § 1802; E., §§ 2099, 2100, 2106.] 

Notes: 1. Term begins. The terms of directors of independent city, 
town and village corporations begin on the third Monday of March and of 
rural independent districts and school townships on the first day of July 
following their election. Sections 27 57, 275 8. 

2. Term when filling vacancies. A director "holding over," or elected or 
appointed to fill a vacancy, assumes the duties of the office within ten days 
(section 1275), and, if "holding over," or appointed, serves until the next 
regular election (section 1276), or, if elected, for the remainder of the term 
(section 1277). 

3. Directors may not handle books. Section 2 834 clearly prohibits a 
school director from engaging, on his own account, in the sale of school 
books and supplies to pupils. 130 Iowa, 31. 

Sec. 2745-a. Duty of boards of school directors. It shall be the 
duty of all boards of school directors in school districts v^^here the 
schoolhouse site adjoins the cultivated or improved lands of another 
to build and maintain a lawful fence between said site and cultivated 
or improved lands. [27 G. A., ch. 88, § 1.] 

Notes: 1. Barbed wire. Barbed wire may not be used to fence a school 
site, nor for any fence or other purpose within ten feet of tihe site. Section 
2817. 

2. Lawful fence. For the specifications of a "lawful fence" see section 
2367 of the code. 

3. "Tight" fence. A partition fence shall be made tight by the party 
desiring it. Section 2367 of the code. 

4. Fence viewers. The township trustees constitute the fence viewers 
for the purpose of determining matters in controversy. Section 2367 of 
the code. 

5. Additional law. See section 2773. 

Sec. 2745-b. Eights of owner of adjoining lands. The owner of 
lands adjoining any schoolhouse site shall have the right to connect the 
fence on his lands with the fences around any schoolhouse site, but 
he shall not be liable to contribute to the maintenance of the fence 
around said site. [27 G. A., ch. 88, § 2.] 

Note: Barbed wire prohibited. Barbed wire may not be used to con- 
nect tIhe fence of an adjoining land owner with the fence around a school 
site. Barbed wire may not be brought nearer than ten feet of the school 
premises. Section 2 817. 

Sec. 2746. Annual meeting of corporation. A meeting of the voters 
of each school corporation shall be held annually on the second Mon- 
day in March for the transaction of the business thereof. Notice in 



SCHOOL LAWS OF IOWA 29 

writing of the place, day and hours during which the meeting will be 
in session, specifying the number of directors to be elected, and the 
terms thereof, and such propositions as will be submitted to and be 
determined by the voters, shall be posted by the secretary of the board 
in at least five public places in said corporation, for not less than ten 
days next preceding the day of the meeting. The president and secre- 
tary of the board, with one of the directors shall act as judges of the 
election. If any judge of election is absent at the organization of the 
meeting the voters present shall appoint one of their number to act in 
his stead. The judges of election shall issue certificates to the direc- 
tors elected. [19 G. A., ch. 51; 18 G. A., ch. 7, § 1; 18 G. A., ch. 63; 
C. 73, §§ 1717, 1719; R., §§ 2027-8, 2031, 2033; C. '51, §§ 1111, 1114-15.] 

Notes: 1. But one day. Tihe meeting cannot be adjourned to another 
day, and must be held at the time and in the manner directed by the law. 
Section 2746. 

2. Notice necessary. It is mandatory upon the secretary to give ten 
days' notice of the annual meeting of the school corporation and of such, 
propositions as the board or the electors by petition, as provided in section 
2749, may desire to have submitted to the electors at tlhat time. Failure 
to do so will invalidate any action that may be taken by the electors at such 
meeting. 118 Iowa, 207. Form 8. 

3. Secretary must be directed. The secretary cannot give legal notice of 
any proposition unless directed to do so by the board of directors. McNees et 
al. vs. School Township, East River, 110 N. W., 325, Kinney vs. Howard, 133 
Iowa, 94; and Note 1, section 2829. 

4. Notice — kind. Not less than ten days' notice by posting in at least 
five public places must be given. Section 2746. But in school corporations 
having five thousand or more inhabitants, notice shall be posted in eaclh 
precinct and published in a newspaper. Section 2754. 

5. Registration. In corporations of five thousand or more inhabitants, 
the board must provide for the registration of voters. Section 2755. At- 
torney-general, report 1906, page 174. 

6. Polls open. In corporations of five thousand or more inhabitants, the 
polls shall open at 9 a. m. Section 2756. In all other corporations at 1 p. m. 

7. Duration. In corporations of five thousand or more iuihabitants, the 
polls shall remain open until 7 p. m. Section 2756. In independent city, 
town and village corporations of less than five thousand inhabitants they 
must remain open five hours and in rural and independent districts and 
school townships two hours. Section 2754. 

8. Official record. The secretary shall make a complete record of the 
transactions of each annual or special meeting of the electors. Section 2761. 
In the absence of a record the action taken may be shown by parol evi- 
dence. Kinney vs. Howard, 133 Iowa, 94. 

9. Poll book. A record of the names of all persons voting shall be kept 
by the secretary. Section 2 761. 

10. By ballot. All elections by the people shall be by ballot. Constitution 
of Iowa, article 2, section 6. Directors of subdistricts shall be chosen by 
ballot. Section 2751. Members of the board in independent districts shall 
be chosen by ballot. Section 2754. Directors-at-large of school township 
is chosen in the same manner. Section 2823. All propositions must be 
voted upon by ballot. Section 2749. 

11. Form of ballot, (a) As to candidates. The ballot should designate 
the term voted for in connection with the name of the candidate. Section 
2746. 

(b) As to propositions. The ballot must state each proposition for which 
notice has been given and shall provide an appropriate place in connection 
with each for the voter to express his wisih. Section 2749. Decisions, 113; 



30 SCHOOL LAWS OF IOWA 

(c) General rule. "It is a general rule that in submitting a question on 
issuing bonds, a substantial conoipliance witb the statute is sufficient." Cala- 
han vs. Handsaker et al., Ill N. W., 22; Kinney vs. Howard, 133 Iowa, 94. 

12. Tie vote. A tie vote shall be publicly determined by lot before ad- 
journment under the direction of the judges. Section 2754. 

13. Judges. In corporations of five thousand or more, the judges for each 
precinct shall consist of a member of the board and two voters of the pre- 
cinct (section 2756). In all other corporations (a subdistrict is not a cor- 
poration), the judges shall consist of the president, the secretary and a 
member of the board. Sections 2746, 2756. 

14. Failure of judges to serve. In case any judge is absent, the electors 
present at the opening of the polls shall fill the vacancy from among their 
number. Section 2746. 

15. Compensation of judges and registrars. In corporations of five thou- 
sand or more, persons (not members of the board) appointed by the board 
to serve as judges and those appointed as registrars may receive compensa- 
tion for their services. Section 2755. Attorney-general, report 1904; page 
298. 

16. Members receive no compensation as judges. Section 2780. 

17. Biennial amendment— effect of. The provisions of the biennial amend- 
ment do not apply to school and municipal elections. 127 Iowa, 181. 

18. Qualifications — electors. See section 2747. 
School officers. See section 2748. 

19. Powers of electors. See sections 2749, 2750, 2812-d, 2836, 2837. 

20. Special elections. See sections 2750, 2763-a to 2763-c. 

21. Regular election. See sections 2749, 2754, 2755, 2756. 

22. Term of director — beginning — duration. See section 2745. 

23. When qualify. See section 2758. 

See. 2747. Electors. To have the right to vote at a school meeting 
a person must have the same qualifications as for voting at a general 
election, and must be at the time an actual resident of the corporation 
or subdistrict. In any election hereafter held in any school corpora- 
tion for the purpose of issuing bonds for school purposes or for in- 
creasing the tax levy, the right of any citizen to vote shall not be 
denied or abridged on account of sex, and women may vote at such 
elections the same as men, under the same restrictions and qualifica- 
tions, so far as applicable. [25 G. A., ch. 39.] 

Notes: 1. Qualification of electors. To be entitled to the rights of 
suffrage, a person must be a male citizen of the United states, twenty-one 
years of age, a resident of the state six months next preceding the election, 
and of the county sixty days. Constitution, article 2, section 1. 69 Iowa, 
368, and 75 Iowa, 220. He must be a legal resident of tihe corporation or 
subdistrict, also. 

2. Naturalization must be completed. The declaration of intention by 
one who expects to become fully naturalized, does not entitle such person 
to vote. In some states this is a fact, but in Iowa what is called second 
papers must be taken out; that is, an elector must be either native born, or a 
naturalized citizen, must be a male, and not disfranchised in any way men- 
tioned by the law. 

3. Citizen. All persons born or naturalized in the United States and sub- 
ject to the jurisdiction thereof, are citizens of the United States and of the 
state wherein they reside. Constitution United States, amendment XIV. See 
page 27, code 1897. 

4. Residence— voting. The precinct in which an unmarried man rooms 
and sleeps, rather than the one in which he takes his meals, will determine 
the question of his residence with respect to the rig'ht to vote. 129 Iowa, 
122. 



SCHOOL LAWS OF IOWA 31 

5. Residence — three rules. (1) Must have residence somewhere. (2) 
Residence established remains until a new one is acquired. (3) Can have 
but one legal residence. 129 Iowa, 122. 

6. Residence — the vital question. The vital inquiry then in determining 
the residence of a person always is, where is his home, the home where he 
lives and to which he intends to return when absent or when sick, or when 
his present engagement ends. 129 Iowa, 122. 

7. Women voting. The law confers upon women the right to vote upon 
only the matters distinctly mentioned. They may vote upon propositions to 
issue bonds and levy schoolhouse taxes. Kinney vs. Howard, 133 Iowa, 94. 

8. Separate ballot box. A separate ballot box must be provided for the 
ballots cast by women, and a separate canvass made of their votes. Code, 
section 1131. 

9. Registration. Registration is necessary in school corporations of five 
thousand or more inhabitants. Section 2755 and attorney general, report 
1906, page 174. 

Sec. 2748. Officers — qualifications. A school officer or member of 
the board may be of either sex, and must at the time of election or 
appointment be a citizen and a resident of the corporation or sub- 
district, and over twenty-one years of age, and, if a man, he must be a 
qualified voter of the corporation or subdistrict. [16 G. A., ch. 136.] 

Notes: 1. Sex not a bar. No person shall be deemed ineligible by rea- 
son of sex, to the office of director, secretary, treasurer, truant ofiicer or 
county superintendent. Sections 2748 and 2734-b. 

2. Residence essential. Only a resident may be elected to a school office. 
Section 2748. Removal from the corporation or subdistrict creates a va- 
cancy. Section 1266, paragraph 3. 

3. De facto officers. In the absence of any color of election or appoint- 
ment a party to be treated as a de facto officer must have served under 
such circumstances of reputation or acquiescence as would induce the public 
to believe without inquiry that he was in fact such officer. 129 Iowa, 406. 

4. De facto officers — test of title. See Vette vs. Byington, 109 N. W., 
1073. 

5. Powers of school officers. School officers have only such powers as 
are conferred by statute and when the conditions under which these are to 
be exercised are clearly defined they cannot be ignored. 110 Iowa, 6 52. 

6. De facto officers — legality of acts. The acts of officers acting under 
color of election or appointment, and in good faith, are valid. 101 Iowa, 
382. See also note 8, section 2771. 

Sec. 2749. Powers. The voters assembled at the annual meeting 
shall have power: 

1. To direct a change of text-books regularly adopted ; 

2. To direct the sale or make other disposition of any schoolhouse 
or site or other property belonging to the corporation, and the ap- 
plication to be made of the proceeds of such sale ; 

3. To determine upon added branches that shall be taught, but 
instruction in all branches except foreign languages shall be in English ; 

4. To instruct the board that school buildings may or may not be 
used for meetings of public interest; 

5. To direct the transfer of any surplus in the schoolhouse fund 
to the teachers' or contingent fund; 

6. To authorize the board to obtain, at the expense of the corpora- 
tion, roads for proper access to its schoolhouses; 



32 SCHOOL LAWS OF IOWA 

7. To vote a sclioolhouse tax, not exceeding ten mills on the dollar 
in any one year, for the purchase of grounds, construction of school- 
hoases, the payment of debts contracted for the erection of school- 
houses, not including interest on bonds, procuring libraries for and 
opening roads to schoolhouses. 

The board may, or, upon the written request of five voters of any 
rural independent district, or of ten voters of any school township, or 
of twenty-five voters of any city or town independent district having a 
population of five thousand or less, or of fifty voters of any other city 
or town independent district, shall, provide in the notice for the annual 
meeting for submitting any proposition authorized by law to the voters. 
All propositions shall be voted upon by ballot in substantially the fol- 
lowing form: "Shall a change of text-books be directed?" (or other 
questions as the case may be) ; and the voter shall designate his vote 
by writing the word "yes" or "no" in an appropriate place on the 
ballot. [21 G. A., ch. 131, § 1 ; 19 G. A., ch. 51 ; 18 G. A., ch. 63 ; C. 73, 
§§ 1717, 1807; R., §§ 2027-8, 2033; C. '51, §§ 1114, 1115.] 

Notes: 1. Additional powers, (a) To vote on a proposition for county 
uniformity of text-books. Section 2831. 

(b) To authorize tlie board to purclhase text-books to be loaned to the 
pupils. Section 2836. 

(c) To authorize the board to issue school building bonds. Section 2812-d. 

2. Limitation of powers. The voters have only such powers as are con- 
ferred by the statute, either expressly or by reasonable implication. Note 4, 
section 2743. 110 Iowa, 652. 

3. Disposition of school property. The voters of any district when as- 
sembled at their annual meeting may direct that a sdhoolhouse or the school- 
house grounds not needed for public school purposes may be sold, rented, 
leased, or the use thereof granted, for any purpose that will not interfere with 
the subsequent use or value of such schoolhouse property for public school 
purposes. Section 2749. 

4. By ballot. Special attention is called to the fact that under tihe pres- 
ent law all propositions before the electors at their annual meeting must be 
voted upon by ballot. See last paragraph, section 2749. 

5. Sale must be directed. Schoolhouses cannot be sold without previous 
direction of the voters, but their action in voting a tax for the erection of a 
new schoolhouse on the old site gives the board authority to remove the old 
house. Paragraph 2, section 2749. See also 110 Iowa, 652. 

6. Loaning funds. The voters have no authority to instruct the board 
to loan money belonging to the district, nor to order money invested in gov- 
ernment bonds. See note 2, ante. 

7. Vested right. The general statement is that when an amount !has 
been voted for a specific purpose, the parties directly interested thereby ac- 
quire a vested right in such money appropriated, of which they may not be 
deprived, even by the voters. 50 Iowa, 648; 100 Iowa, 317. 

8. Transfer. The only change of money from one fund to anotlher pos- 
sible under the law is the transfer of surplus schoolhouse funds to either 
ofi the other funds. Paragraph 5, section 2749. 

9. Added branches. If the voters direct that any additional branches 
sihall be taught in one or all of the schools, their action is mandatory, and 
the board is bound to endeavor in good faith to fulfill such wish. 44 Iowa, 
564. 

10. Course of study. The voters may not limit nor restrict the board 
to the adoption of a course of study including only such branches as the 
voters may name. Nor may the voters direct that a particular branch, or 
branches, sihall not be taught. It is the province of the board to decide 



SCHOOL LAWS OF IOWA 33 

what branches besides those named by the voters shall be included in the 
course of study and taught in the schools. Section 2772. 

11. Voters may not prohibit. The voters have no power to prohibit any 
branch being taught, if introduced by the board, neither has the board power 
to prevent the teaching of any study which the voters have directed shall be 
taught. 44 Iowa, 564. Section 2772. 

12. Schoolhouse taxes. All school house taxes must be voted by the voters 
of the corporation, or the subdistrict; this power cannot be delegated to 
the board. For exceptions see section 2806, note 3; sections 2811 and 2813. 

13. Sum necessary. The specific sum of money deemed necessary, and 
not a certain number of mills on the dollar, should be voted, except when a 
district lies in two counties. The per centum necessary to raise this sum is 
determined by the board of supervisors. Section 2806. 

14. Taxes to be voted by electors. The power to vote schoolhouse taxes 
or school building bonds for the purchase of sites, erection and repair of 
schoolhouses, and the payment of debts contracted therefor belongs exclu- 
sively to the voters. The sums necessary for the teachers' and contingent 
funds are determined by the board. Amounts necessary to pay on judg- 
ments and bonds may be voted by the electors or estimated by the board. 
Sections 2749, 2806 and note 3, 2813. 

15. Compelling board to act. Failing to carry out instructions from this 
meeting, the board may be compelled by mandamus to show reason why the 
expressed wish of the voters has not been complied with. Section 2778; de- 
cisions, 20; 50 Iowa, 64 8. 

16. Suggestive action. A vote upon matters which by the law are to be 
determined by the board, is not binding upon the board, but is only sug- 
gestive. In such matters, the board will still be left free to exercise the dis- 
cretion vested in it by the law. Note 4, section 2743. 

17. Notice necessary. In order that action may be taken at the annual 
meeting of the school corporation, it is essential that notice shall be given, 
as provided in section 2746, that such a matter will be presented at the 
meeting. When assembled, the voters have power to act only upon such of the 
powers conferred as have been incorporated in the notice for the meeting. 
Section 2746; 118 Iowa, 207; decisions, 113. 

18. Subdistricts claim. A subdistrict has no legal claim upon school- 
house property, although in equity a tax voted to build in a certain sub- 
district must be expended as voted, and when a schoolhouse has been built 
or repaired from schoolhouse funds raised upon that subdistrict alone, even 
the voters should recognize the vested right of the subdistrict to retain such 
property and to enjoy its use. 50 Iowa, 648. 

19. Removal from subdistrict. If it is desired to move the schoolhouse 
out of the subdistrict the voters of the school township must first so order at 
the annual meeting. Decisions, 15; paragraph 2, section 2749. 

20. Jurisdiction of court. It is the exclusive province of the courts to 
determine questions with relation to any vote at a school meeting, or with 
relation to the choice of members of the board or of officers of the board. 
Notes 10 to 13 inclusive, to section 2758. 129 Iowa, 441. 

21. Roads. See sections 2815, 2750, 2773. 

22. Text-books — change of. Sections 2749, 2829. 

23. Original indebtedness. Original indebtedness may not be created ex- 
cept by vote of the electors. Section 2823. 

24. Limit of indebtedness. See section 1306-b, and eh. 184, laws 33 G. A. 

Sec. 2750. Special meeting. The board of directors may call a 
special meeting of the voters of any school corporation by giving no- 
tice in the same manner as for the annual meeting, which shall have the 
powers given to a regular meeting with reference to the sale of school 
property and the application to be made of the proceeds, and to vote a 
schoolhouse tax for the purchase of a site and the construction of a 

3 



34 SCHOOL LAWS OF IOWA 

necessary selioolhouse, and for obtaining roads thereto. [28 Gr. A., cli. 
104; 24 G. A., ell. 21; 18 G. A., ch. 84.] 

Notes: 1. Additional powers. To authorize the board of directors to 
issue school building bonds. Section 2812-d. 

2. Additional indebtedness. Bonds may be voted under section 2 82 0-a to 
2 82 0-e only at a special meeting called for that purpose. 

3. Number of special meetings. The law does not limit the number of 
special meetings that may be called. Section 2750. 

4. Petition may not be ignored. Wihen petitioned to call a special elec- 
tion for the submission of any proposition that may come before a special 
meeting, the board may not ignore the petition. See decisions, 93. 

Sec. 2751. Subdistrict meeting. Tlie meeting of the voters of each 
snbdistrict of a school township shall be held annually on the first 
Monday in March, and shall not organize earlier than nine o'clock 
a. m., nor adjourn before twelve o'clock m. Notice in writing of the 
time and place of such meeting and the amount of schoolhouse tax to 
be voted shall be given by its director, or if there is none by the school 
township secretary, by posting in three public places in the subdistrict 
for five days next preceding the same. The voters shall select a chair- 
man and secretary of the meeting who shall act as judges of election, 
and shall also elect a director for the subdistrict by ballot. The vote 
shall be canvassed by the judges of election, and the person receiving 
the highest vote shall be declared elected. [22 G. A., ch. 51 ; 18 G. A., 
ch. 7, § 1; C. '73, §§ 1718-19, 1789; R., §§ 2030-1; C. '51, § 1111.] 

Notes: 1. Purpose of the law. The object is to prevent a few design- 
ing persons from meeting at an unusual hour, dispatching the business with 
unseemly haste, and adjourning before many of the electors arrive. The 
meeting should be conducted with entire fairness, and an opportunity given 
for an expression of the real sentiment of the subdistrict. 

2. Notice. At least five days' notice shall be given by posting in at 
least three places in the district. Section 2751. If a special schoolhouse tax 
is to be voted on the property of the subdistrict, ten days' notice must be 
given. Section 2753. In case there is no director the above notice must be 
given by the secretary of the school township. The notice should designate 
the hour of meeting, which cannot be earlier than 9 o'clock a. m., and the 
hour of closing, which shall not be later than 12 m. Section 2751; form 11. 

3. Duration of meeting. While this section does not in terms specify the 
length of time during which a subdistrict meeting should remain in session, 
section 2754 provides that in rural independent districts the polls must 
remain open not less than two /hours. For obvious reasons a subdistrict 
meeting should continue in session at least the same length of time. The 
voters of the subdistrict should be given a reasonable opportunity to partici- 
pate in the meeting. 37 I-owa, 131; 39 Iowa, 38 0. 

4. In case of controversy. If subdistrict boundaries are in controversy by 
way of appeal, the election for directors should be made on the basis of the 
status of the subdistricts on the day of election. _ 

5. Organization. A chairman and secretary shall be chosen from among 
the voters present. Section 27 51. 

6. Judges not qualify. The chairman and the secretary are not required 
to qualify. 

7. Judges' vote. A judge of election is entitled to his vote the same as any 
other elector. 

8. Who may not vote. No minor, non-resident, nor alien can take part in 
a meeting of voters. Section 2747. 

9. No caucus. If the voters desire to hold a caucus, it should be done 



SCHOOL LAWS OP IOWA 35 

before the subdistrict meeting is called to order. After organization but one 
lawful ballot can be taken, therefore no informal ballot can be taken. 

10. Tie vote. A tie vote for any elective school office shall be publicly 
determined by lot forthwith, under the direction of the judges. Section 2754. 
This applies to all school elections. If more than two persons have each an 
equal number of votes, the same rule will apply. No second ballot may be 
taken. Such cases should not be taken to the school board, but should be 
settled at the meeting of electors before adjournment. 

11. One ballot. Only one ballot may be taken for the election of director, 
and the person receiving the greatest number of votes is elected, even though 
he has not received a majority of all the votes cast. Section 2751. 

12. Elegibility. A member or officer of the board must have the qualifica- 
tions of an elector, if a male, but no person is ineligible to any school office 
by reason of sex. Section 2748. 

13. Special schoolhouse tax. The subdistricts may vote an additional tax 
for schoolhouse purposes and the secretary of the subdistrict meeting shall 
certify the same to the secretary of the school township who shall certify 
it to the board of supervisors. Section 2753; form 12. 

14. A vote of the subdistrict not notice. A vote of the electors at a sub- 
district meeting is not legal notice that such proposition will come before the 
electors at the school township meeting as contemplated in sections 2746 and 
2749. . ■ T' i -•'•i^^iv^ 

15. Tax provision le^al. The provision with reference to additional taxes 
voted by electors of subdistricts for schoolhouse purposes, held, to give im- 
plied authority to vote such taxes, although the power was not elsewhere ex- 
pressly conferred. 69 Iowa, 533. 

16. Term of director of subdistrict — beginning — duration. See sections 
2745 and 2757. 

17. Wlien to qualify. See section 2758. 

18. Special subdistrict meeting.. See section 2753. 

19. Funds— classification of. See section 2768. 

20. Electors — qualifications of. See section 2747. 

21. Subdistrict lines — voting — taxes. Subdistrict lines determine who may 
vote at a subdistrict meeting and also fixes the limit of taxation, when a 
schoolhouse tax is voted upon the subdistrict. Sections 2747, 2753. 

Sec. 2752. Number of directors. The board of directors of a school 
towiisliip shall be composed of oue director from each subdistrict. But 
when there is an even number of subdistricts another director shall be 
elected at large by all the voters of the school township. When the 
school township is not divided into subdistricts, a board of three di- 
rectors shall be elected at large, on the second Monday in March, by 
all the voters of the school township. [27 G. A., eh. 92; 15 G. A., ch. 
27; C. '73, §§ 1720-1; R., §§ 2031, 2035, 2075-6; C. '51, §§ 1112, 1721.] 

Notes: 1. Number of members. The board of a school township cannot 
consist of less than three members. When there is an even number of 
subdistricts one director at large must be elected on the second Monday of 
March by all the voters of the school township. 

2. Power of director-at-large. The director-at-large has the right to vote 
upon all questions before the board the same as any other member. 

3. Independent district townships. In school townships that organized as 
independent district townships under section 1814, code of 1873, the board 
consists of five members. See section 1814, code of 1873, chapter 27, fifteenth 
general assembly, and section 2754. 

4. Other corporations — number of directors. See section 2754. 

Sec. 2753. Special schoolhouse tax. At the annual subdistrict meet- 
ing, or at a special meeting called for that purpose, the voters may vote 



36 SCHOOL LAWS OF IOWA 

to raise a greater amount of schoolhouse tax than that voted by the 
voters of the school township, ten days' previous notice having been 
given, but the amount so voted, including the amount voted by the 
school township, shall not exceed in the aggregate the sum of fifteen 
mills on the dollar. The sum thus voted shall be certified forthwith 
by the secretary of said subdistriet meeting to the secretary of the 
school township, and shall be levied by the board of supervisors only 
on the property within the subdistriet. [C. '73, § 1778; R., §§ 2033-4, 
2037, 2088.] 

Notes: 1. Tax certified. The vote should be certified to the secretary of 
the school township forthwith. Forms 12 and 14. 

2. Vote of subdistriet meeting not notice. A vote of the subdistriet meet- 
ing is not legal notice that such proposition will come before the electors at 
the school township meeting as contemplated in sections 2746 and 2749. 118 
Iowa, 207. 

3. Levy of subdistriet tax. Taxes voted at a subdistriet meeting shall be 
levied only on the property in the subdistriet. Section 2573. Such action 
is not notice that the proposition will be submitted at the regular meeting. 
Sections 2746 and 2749; see note 14, section 2751. 

4. Other meetings. Regular subdistriet meeting, section 2751; regular 
meeting of corporation, sections 2746, 2749, 2754, 2755, 2756; special meet- 
ing of corporation, section 2750. 

Sec. 2754. Elections in independent districts — tie vote. At the an- 
nual meeting in all independent districts members of the board shall 
be chosen by ballot. In any district including all or part of a city of 
tht, first class or a city under special charter, the board shall consist of 
seven members, three of whom shall be chosen on the second Monday 
in March, 1898, two on the second Monday in March, 1899, and two on 
the second Monday in March, 1900. In all other independent city, 
town or village districts, and in all rural independent districts where 
the board now consists of six members, the board shall consist of five 
members, one of whom shall be chosen on the second Monday in March, 
1898, two on the second Monday in March, 1899, and two on the second 
Monday in March, 1900. In all independent city, town, or village dis- 
tricts where the board now consists of three members such board shall 
hereafter consist of five members, three of whom shall be elected on 
the second Monday in March, 1898, one for one year, one for two years, 
and one for three years. In all other rural independent districts the 
board shall consist of three members, one of whom shall be chosen 
on the second Monday in March, 1898, and one each year thereafter. 
In districts composed in whole or in part of cities or towns, a treas- 
urer shall be chosen in like manner, whose term shall begin on the 
first day of July, unless that date falls on Sunday, in which case, on 
the day following, and continue for two years, or until his successor 
is elected and qualified. The term of office of the incumbent treas- 
urer in said districts shall expire on the third Monday in March, 1898. 
In such districts the polls must remain open not less than five hours 
and in rural independent districts and school townships not less than 
two hours. In each case the polls shall open at one o'clock p. m., ex- 
cept as provided in section twenty-seven hundred and fifty-six of this 



SCHOOL LAWS OF IOWA 37 

chapter. A tie vote for any elective school office shall be publicly- 
determined by lot forthwith, under the direction of the judges. [31 
G. A., ch. 136, § 2; 27 G. A., ch. 91, 93; 22 G. A., ch. 51; 18 G. A., ch. 
7; § 2; C. '73, §§ 1789, 1808.] 

Notes: 1. No change of date. Any election by the people must be held 
on the day designated, and can neither be postponed nor adjourned to an- 
ther day, and the officers voted for by the people must be elected by a single 
ballot. 

2. Caucus — informal ballot. The practice of taking an informal ballot 
for the purpose of placing persons in nomination may render the election 
illegal. Such nomination should be made outside the meeting, or at least 
before the meeting is organized. 

3. Form of ballot. In all cases, the ballot should state the term voted 
for, in connection with the name of the person. It should state all proposi- 
tions to be voted upon. Sections 2746 and 2749. 

4. Vacancies. All vacancies should also be filled by election, and the 
ballot should designate the vacancy to be filled, and the person so elected 
holds for the remainder of the unexpired term. Sections 2758 and 2771. 

5. Membership of boards. All districts comprising cities of the first 
class and those under special charter have seven directors. In all other 
city, town or village districts, and in the rural independent districts which 
formerly had six members the board now consists of five members. In all 
other rural independent districts the board consists of three members. Sec- 
tion 2754. For school townships, see section 2752. 

6. Treasurer. In districts composed in whole or in part of cities or towns, 
the treasurer must be elected by the people for the term of two years. This 
does not apply to village districts. In these and in all other districts, except 
those specified above, this officer is elected by the board. Section 2754 and 
2757. 

7. Tie vote. A tie vote for any elective school office must be publicly 
determined by lot forthwith, under the direction of the judges. This applies 
to all school elections. If more than two persons have each an equal number 
of votes, the same rule will apply. No second ballot may be taken. Section 
2754. 

8. Polls open. In corporations of five thousand or more, the polls shall 
open at nine o'clock a. m. (section 2756), and in all other corporations at 
one p. m. Sections 2754 and 2756. 

9. Polls close. In corporations of five thousand or more, the polls shall 
not close earlier than seven o'clock p. m. (section 2756); in other inde- 
pendent city, town or village districts they shall remain open at least five 
hours; and in rural independent districts and school townships, two hours. 
Sections 2754 and 2756. 

10. Judges. In corporations of five thousand or more, the judges for 
each precinct shall consist of a member of the board and two voters of the 
precinct (section 2756); in all other corporations the judges shall consist of 
the president, the secretary and one member of the board. In case any judge 
is absent, the electors present at the time the polls open shall fill the vacancy. 
Sections 2754 and 2756. 

11. Qualifications of electors. See section 2747. 

12. Regular meeting — notice, etc. See section 2746. 

13. Powers of electors. See sections 2749 and 2750. 

14. Special election. See section 2750. 

Sec. 2755. Election precincts — register of voters — notice. Each 
school corporation having five thousand or more inhabitants may be 
divided into such number of precincts as the board of directors shall 
determine, in each of which a poll shall be held at a convenient place, 
fixed by the board of directors, for the reception of the ballots of voters 



38 SCHOOL LAWS OF IOWA 

residing in such precinct. A separate register of the voters of each 
precinct shall be prepared by the board from the register of the electors 
of any city included within such school corporation, and for that pur- 
pose a copy of such register of electors shall be furnished by the clerk 
of the city to the board of directors. Before each annual meeting 
these registers shall be revised and corrected by comparison with the 
last register of elections of such cities, and shall have the same force 
and effect at school meetings held under this section, in respect to the 
reception of votes thereat, as the register of election has by law at 
general elections. The board of directors of such school corporation, 
on or before the last Monday preceding such election shall appoint two 
suitable persons to be registrars in each of the election precincts of 
such school corporation for the registration of voters therein, who 
shall have the same qualifications as registrars appointed for general 
elections and shall qualify in the same manner, and receive the same 
compensation to be paid by the school corporation. The registrars 
shall meet on the day of election at the voting place in the precinct 
in which they have been appointed and shall hold continuous session 
from nine o'clock in the forenoon until seven o'clock in the afternoon. 
Any person claiming to be a voter, and who is not already registered 
in the proper precinct, may appear before them in the election precinct 
where he claims he is entitled to vote and make and subscribe under 
oath a statement in the registry book, which oath and statement shall 
be of the same general character as that prescribed by section one 
thousand and seventy-seven (1077) of the code, and shall thereupon 
be granted a certificate of registration. Nothing in this section shall 
be construed to prohibit women from voting at all elections at which 
they are entitled to vote. The secretary must post a notice of the 
meeting in a public place in each precinct at least ten days before the 
meeting, and by publication once each week for two consecutive weeks 
preceding the same in some neAvspaper published in the corporation, 
such notice to state the time, respective voting precincts and the polling 
place in each precinct, and also to specify what questions authorized 
by law, in addition to the election of director or directors, shall be 
voted upon and determined by the voters of the several precincts. [31 
G. A., eh. 9, § 3 ; 29 G. A., ch. 125 ; 28 G. A., ch. 105 ; 18 G. A., ch. 8, 
§§ 1-4.] 

Notes: 1. Registration mandatory. Registration is required in school 
corporations having five thousand or more inhabitants. Attorney-general, 
1904, page 298; 1906, page 174. 

2. Registrars — compensation. Registrars and judges of election who are 
not members of the board may receive compensation for their services. Sec- 
tion 2755 and attorney-general, 1904, page 298. 

3. Compensation of directors. Members of the board may not receive 
compensation as judges of election. Section 2780. 

4. Conducting election- — notices— duration. In cities of five thousand or 
more see section 2756. In other corporations, sections 2746 and 2754. In 
subdistricts, section 2751. 

Sec, 2756. Conduct pf elections. As judges of the election referred 
to in the preceding section, the board shall appoint one of its number 



SCHOOL LAWS OP IOWA 39 

and two voters of the X)recinct, one of whom shall act as clerk, who 
shall be sworn as provided in case of a general election. If any person 
so appointed fails to attend, the judge or judges attending shall fill the 
place by appointment of any voter present, and like action shall follow 
a refusal to serve or to be sworn. Should all of the appointees fail .to 
attend, their places shall be filled by the voters from those in attend- 
ance. The board shall provide the necessary ballot box and poll-book 
for each precinct, and the judges shall make and certify a return to 
the secretary of the corporation of the canvass of the votes for office 
and upon each question submitted. On the next Monday after the 
meeting the board shall canvass the returns made to the secretary, 
ascertain the result of the voting with regard to every matter voted 
upon, declare the same, cause a record to be made thereof, and at once 
issue a certificate to each person elected. At all meetings held under 
this and the next preceding section, the polls shall be kept open from 
nine o'clock a. m. until seven o'clock p. m. [Same, §§ 5, 6.] 

Notes: 1. Compensation of judges. Judges who are not members of the 
board may receive compensation. Attorney-general, 1904, page 298. 

2. Polls. Open at 9 o'clock a. m.; remain open until 7 o'clock p. m. Sec- 
tion 2756. For other corporations, see section 2754. For subdistricts, sec- 
tion 2751. 

BOARD OF DIRECTORS— ORGANIZATION— OFFICERS— POWERS 

Sec. 2757. Meetings of directors — election of officers. The board of 
directors of all independent city, town and village corporations shall 
organize on the third Monday in March, and those of all other school 
corporations on the first day of July, unless that date falls on Sunday, 
in which case on the day following. Such organizations shall be effected 
by the election of a president from the members of the board, who 
shall be entitled to vote as a member. Such special meetings may be 
held as may be determined by the board, or called by the president, or 
by the secretary upon the written request of a majority of the members 
of the board, upon notice specifying the time and place, delivered to 
each member in person, but attendance shall be a waiver of notice. 
Such meetings shall be held at any place within the civil township in 
which the corporation is situated. 

On the first day of July, unless that date falls on Sunday, in which 
case on the day following, the board of all independent city, town and 
village corporations and the retiring board in all other school cor- 
porations shall meet, examine the books of, and settle with 
the secretary and treasurer for the year ending on the thirtieth day of 
June preceding, and for the transaction of such other business as may 
properly come before it. On the same day the board of each inde- 
pendent city, town and village corporation, except as provided in sec- 
tion twenty-seven hundred fifty-four (2754) of this chapter, and the 
new board of every other school corporation, shall elect from outside 
the board a secretary and treasurer, but in independent districts no 
teacher or other employee of the board shall be eligible as secretary. 
All officers shall be elected by ballot and the vote shall be recorded 
by the secretary. Should the secretary or treasurer fail to report as 



40 SCHOOL LAWS OF IOWA 

provided in sections twenty-seven hundred sixty-five (2765) and twen- 
ty-seven hundred sixty-nine (2769) of this chapter, it shall be the duty 
of the new board to take any action necessary to secure a proper settle- 
ment. 

Notes: 1. Settlement. It is suggested that the retiring board in all rural 
corporations meet in the morning of the day for the July meeting to settle 
with the secretary and treasurer and to close up the business for the year. 
It will be necessary for the retiring board to complete its business in 
time for the new board to organize and transact its business. 

2. Organization. The new board should organize immediately thereafter, 
elect successors to the retiring secretary and "treasurer and transact such 
other business as may come before it. 

3. Adjourned meeting. If a quorum be not present, the members present 
should effect a temporary organization (section 2772) and appoint a date and 
place for an adjourned meeting, at which time a permanent organization 
may be effected and the business of the annual meeting completed. 75 
Iowa, 196. 

4. President must qualify. The director chosen as president must qualify 
before assuming the duties of that office. Constitution of Iowa, section 5, 
article 11. 

5. Special meetings — notice of. If the president is unwilling to call a 
special meeting in compliance with a request from members, then a majority 
of the board may cause a notice of the meeting to be given by the secretary, 
signed by the members who desire to have the meeting called, which written 
notice should be by the secretary handed to each member of the board and 
to the president. Section 2757. 

6. Notice — time of. As the law is silent with regard to the length of 
time notice should be given before the time of meeting, it is taken for granted 
the law intends that a reasonable notice as to the time shall be given. What 
such reasonable notice is must be determined for each locality by the con- 
ditions. However, attendance at such meetings shall be a waiver of notice. 

7. Neglect of duty. If a school officer habitually or wilfully neglects his 
duty, and the public good suffers by such negligence, a court may compel him 
to attend to the necessary duties of his office. 50 Iowa, 648. Section 2822. 

8. Place of meeting. This section authorizes boards to hold meetings 
in any district within the same civil township. 

9. Day of meeting. There is no provision of law that will prevent a board 
from transacting business upon any day except Sunday. 

10. Failure to elect officers. If the board fails to elect a president, a 
secretary, or treasurer, in districts where such officer is elected by the board, 
upon the day fixed by law or at a meeting adjourned from that day to a day 
certain, then the incumbent may qualify anew and hold the office for another 
year. 75 Iowa, 196. But in order that a president may thus hold over, his 
term as a member of the board must also continue. Section 2757. 

11. Hold but one office. No person may hold two offices of the board at 
the same time. 

12. May not be compelled to qualify. No one may be compelled to qualify 
as a member or officer of the board. 

13. Duties must be performed. Any duty imposed upon the board as a 
body must be performed at a regular or special meeting, and made a matter 
of record. 47 Iowa, 11. 

14. Consent of individual members. The consent of the board to any 
particular measure, obtained of individual members when not in session, 
is not the act of the board, and is not binding upon the district. 67 Iowa, 164. 

15. Receive reports of committees. The board may receive and act upon 
communications from persons selected outside the board to report upon mat- 
ters referred to such persons as a committee. 

16. Power may not be delegated. An official trust cannot be delegated. 
Neither the board nor any member may appoint a substitute to perform the 



SCHOOL LAWS OF IOWA 41 

official duties of a member or of the board, but the board may appoint a 
committee of its number with power to act for the board in a given case. 

17. Adjourned meetings authorized. Where the law requires a certain 
duty to be performed by the board upon a fixed day, and does not expressly 
forbid its performance later than the date mentioned in the law, as for in- 
stance the election of a secretary and a treasurer, an adjournment of the 
meeting to another fixed date will allow the transaction of the business 
directed to be done on the day of the regular meeting. 75 Iowa, 196. 

18. Director ineligible as secretary or treasurer. A director is ineligible 
to the office of secretary or treasurer so long as he remains a member of the 
board. Section 2757. 

19. Presumption of regularity. In the absence of proof, it will be pre- 
sumed on appeal, that the proceedings (of school officers) were regular and 
the grounds sufficient. 109 Iowa, 169. 

20. Rules and regulations. The board should adopt necessary rules and 
regulations to govern the members thereof in their deliberations. This is 
necessary in order that business may be conducted legally and with dis- 
patch. Section 2772. 

21. Order of busines. To further expedite business, a board should 
adopt and follow an "order of business." The following is suggested and 
may be changed to suit the needs of the board. 1. Call to order. 2. Roll 
call — to determine that a quorum is present. 3. Reading minutes of previ- 
ous meeting. 4. Reports of standing committees. 5. Reports of special 
committees. 6. Communications and petitions. 7. Auditing claims. 8 
Unfinished business. 9. New business. 10. Adjourn. 

Sec. 2758. Qualification of directors — vacancies. Any member of 
the board may administer the oath of qualification to any member 
elect, and to the president of the board. Each director elected in 
March, 1906, or at any regular election thereafter, shall qualify on 
or before the date for the organization of the board of the corporation 
in which he was elected by taking an oath to support the constitution 
of the United States and that of the state of Iowa, and that he will 
faithfully discharge the duties of his office; and shall hold the office 
for the term to which he is elected, and until a successor is elected 
and qualified. In case of a vacancy, the office shall be filled by ap- 
pointment by the board until the next annual meeting. In all rural 
school corporations, the term of office of directors whose terms expire 
on the third Monday in March, 1906, is hereby extended to July 1, 
1906. [31 G. A., ch. 137; C. '73, §§ 1752, 1790; R., §§ 2032, 2079; C. 
'51, §§ 1113, 1120.] 

Notes: 1. Oath — who may administer. Any school director is author- 
ized to administer to a school director-elect the official oath required by law, 
but the secretary cannot administer this oath Unless he is one of the many 
officers empowered by law to administer oaths. 

2. Oath — when director may take. A director-elect may take the oath 
of qualification at any time between the day of election and the close of the 
day for organization of the board. 53 Iowa, 687; 101 Iowa, 382. Section 
2758. A person appointed as a member of the board is required to qualify 
within ten days. Code, section 1275. 

3. Hold over. In case a director-elect fails to qualify by the close of the 
day for the organization of the board, the incumbent may continue in office 
until the next regular election, but, in order to do so, ihe must qualify anew 
within ten days from that time. Code, sections 1265 and 1275. 

4. Failure to qualify. If a person who is elected as his own successor 
fails to qualify on or before the day for the organization of the board, a 
vacancy exists which should be filled by appointment. Code, section 1266. 



42 SCHOOL LAWS OF IOWA 

5. Failure to appear. Failure to appear at the meeting of tlie board on the 
day for its organization will not prevent a qualification being valid if the 
member-elect takes the oath of office before the close of that day. 

6. Time directors serve. A director continues in office until a successor 
is elected and qualified, whether chosen by the electors or appointed by the 
board. Section 1276. 

7. Term. (1) Beginning. The term of director in independent city, 
town and village corporations begins the third Monday of March, and of rural 
independent districts and school townships on the first of July following his 
election. Section 2757. 

2. Length of. In school townships the term of director is one year; 
in independent corporations, three years. Section 2 745. 

8. Filling vacancies. (1) Beginning. Persons holding over or appointed 
or elected to fill a vacancy must qualify within ten days. Section 1275. 

(2) Length of. Persons holding over or appointed by the board to fill 
vacancies serve until their successors, elected at the next regular meeting of 
the corporation, qualify. Section 1276. Persons chosen by the electors to 
fill vacancies serve the remainder of the term. Section 1277. 

9. When to qualify — contested election. When an election is contested, 
the person elected shall have ten days in which to qualify, after the date of 
the decision. Code, section 1177. 

10. Refusal to issue certificate of election. The failure or refusal of the 
proper officers to issue a certificate to a person duly elected, cannot operate 
to deprive such person of his rights. The certificate or commission is the 
best, but not the only evidence of an election, and if that be refused sec- 
ondary evidence is admissible. McCrary on elections, section 171; decisions, 
9. Mandamus is the proper remedy to compel the board of canvassers to 
declare elected and certify to the election of the party receiving the highest 
number of votes. 36, Iowa, 291. 

11. Board determines identification of members. While a board may use 
its own judgment as to who shall or who shall not be received as a member of 
the board, any one aggrieved has his remedy through the courts; that is, the 
membership of the board is not finally determined by any action of the 
board. 125 Iowa, 193. 

12. Title — how determined. The right or title to hold office cannot be 
determined by an appeal to the county superintendent. The proper remedy 
for any person aggrieved by the action of the board relating thereto is a 
petition to the district court. Code, sections 4313 and 4320; decisions, 9. 
Quo warranto is the proper proceeding to determine the title to an office. 
125 Iowa, 193. 

13. Province of courts. It is the exclusive province of the courts to de- 
termine questions with relation to any vote of a school meeting or with 
relation to the choice of members of the board or officers of the board. De- 
cisions, 20. 

14. Elections — regular. Sections 2746, 2751, 2754; to fill vacancy, sec- 
tion 2771. 

Sec. 2759. President — employment of counsel. The president of 
the board of directors shall preside at all of its meetings, sign all war- 
rants and drafts, respectively, drawn upon the county treasurer for 
money apportioned and taxes collected and belonging to his school 
corporation, and all orders on the treasurer drawn as provided by law, 
sign all contracts made by the board, and appear in behalf of his cor- 
poration in all actions brought by or against it, unless individually a 
party, in which case this duty shall be performed by the secretary. In 
all eases where actions may be instituted by or against any school 
officer to enforce any provision of law, the board may employ counsel. 



SCHOOL LAWS OF IOWA 43 

for which the school corporation shall be liable. [19 G. A., ch. 46; 
C. '73, §§ 1739-40; E., §§ 2039-40; C. '51, §§ 1122-3, 1125.] 

Notes: 1. President may not hold over. A president whose term as 
director has expired may take no further part in the board, even though a 
new president has not been chosen. 

2. President may vote. The president ihas the right to vote on all ques- 
tions coming before the board. If by such vote a tie is produced, the motion 
is lost. Section 27 57. 

3. Temporary president. When the board is without a president, a tem- 
porary president may be appointed from the members of the board, who, dur- 
ing the time he is acting as president, may sign orders and contracts and do 
all other acts proper to be done by the president, but he is not authorized to 
act except when the board is in session. Section 2772. 

4. Order book — custodian of. The secretary is the custodian of the order 
booli. He fills out the orders, which the president afterward signs. Section 
2762. 

5. Order must indicate fund. To be valid, an order must express upon its 
face the fund on which it is drawn, and name the purpose for which it was 
issued. Section 2762. 

6. Failure to attach official title. The failure of an ofiicer to attach his 
official title to his signature will not affect the instrument so far as the dis- 
trict is concerned, provided the writing was authorized, and made for the 
district, and this fact can be shown. 7 Iowa, 509; 11 Iowa, 82. 

7. Personal liability. Unless the fact that official approval was author- 
ized can be shown, personal liability may follow. 59 Iowa, 696. 

8. Authority for signing. An order on the treasurer may be drawn only 
by the authority of the board. Section 2780. 

9. Expense of litigation. The expense in suits provided for by this section 
should be paid from the contingent fund. Section 2768. 

10. Appeals not actions. Appeals to the county superintendent or super- 
intendent of public instruction, are not actions brought by or against the 
district, nor are they actions brought by or against any of the school officers, 
within the meaning of the law, and no charge can be made against the district 
for attorney fees. 36 Iowa, 411. 

11. President may not biing suits. The president does not have author- 
ity to bring suits in the name of the corporation on his own motion. 85 
Iowa, 387. 

12. Service of notice. Service of notice may be made on either the presi- 
dent or the secretary. Code, section 3531. 

Sec. 2760. Bonds of secretary and treasurer. The secretary and 
treasurer shall each give bond to the school corporation in such penalty 
as the board may require, and v^itli sureties to be approved by it, which 
bond shall be filed with the president, conditioned for the faithful per- 
formance of his official duties, but in no case less than five hundred 
dollars. Each shall take the oath required of civil officers, which shall 
be indorsed upon the bond, and shall complete his qualification within 
ten days. In case of a breach of the bond, the president shall bring 
action thereon in the name of the school corporation. [15 G. A., ch. 
27; C. '73, §§ 1721, 1731; R., §§ 2035, 2037, 2076; C. '51, § 1144.] 

Notes: 1. Official bond. The law requires all official bonds to be se- 
cured by at least two sureties who are freeholders, and whose aggregate prop- 
erty is double the amount of the bond, the oath of office to be subscribed on 
the back of the bond, or attached thereto, and the sureties to make affidavit 
that they are worth the amount named. Form 15. A guarantee company 
may be accepted as surety. Sections 360 and 1187. 



44 SCHOOL LAWS OF IOWA 

2. Sureties and principal must qualify. At least two sureties are re- 
quired, who must be resident freeholders of this state, and each of whom 
must make an afladavit as surety. Both the principal and the sureties must 
qualify before some one empowered to administer oaths. Code, sections 358 
and 359. 

3. Requalify. If the treasurer is re-elected, or continues in office by 
reason of failure to elect a successor, his bond must be renewed and he should 
produce and account for the funds in his hands, and the statement of such 
settlement should be endorsed upon his new bond before the same is ap- 
proved by the board. Code, section 1193, 

4. Liability of treasurer. The treasurer of a school district is absolutely 
liable for all money coming into his hands by virtue of his office. 40 Iowa, 
130; 37 Iowa, 550; 80 Iowa, 497. 

5. Member should not be surety. As the bonds of the secretary and the 
treasurer must be approved by the board, no member should become surety 
for one of these officers. 

6. Failure to give bond. Any officer whose duty it is to give bonds for 
the proper discharge of the duties of his office, and who neglects so to do, is 
guilty of a misdemeanor and is liable to a fine. Code, section 1197. 

7. Liability of board. A board approving bonds known to be insufficient, 
does not discharge the duty incumbent upon it, and is liable on a charge of 
misdemeanor. 14 Iowa, 510; 18 Iowa,153. Code, section 4904. 

8. Additional security. Any officer or board who has the approval of 
another officer's bond, when of the opinion that the public security requires 
it, upon giving ten days' notice to show cause to the contrary may require 
him to give such additional security by a new bond, within a reasonable time 
to be prescribed. Code, section 1281. 

9. Relief of surety. By petitioning the board a surety may ask to be re- 
lieved from his obligation on a bond. Code, sections 1283 and 1285. 

10. Board not bound to notify. The board of directors is not bound to 
notify or warn sureties of the dishonesty of a re-elected treasurer. 

11. All qualify. All the officers of the board must take the oath of office 
as prescribed by section 5, article 11, of the constitution. See Form 55. 

12. When qualify. The secretary and the treasurer have ten days in 
which to qualify. 

13. Guarantee company may become surety. Any association or corpora- 
tion which does the business of insuring the fidelity of others, and which has 
authority by law to do business in this state, shall be accepted as surety upon 
bonds required by law, with the same force and effect as sureties above 
qualified. Code, section 1187. 

14. Guarantee company's certificate. Any company engaged in the busi- 
ness of becoming surety upon bonds shall file, with the clerk of any county 
in which it shall do business, a certificate from the state auditor that it has 
complied with the law and is authorized to do business in this state; and 
should said authority be withdrawn at any time, the state auditor shall at 
once notify the clerk of each district court to that effect. Code, sections 359 
and 360. 

Sec. 2761. Duties of secretary. The secretary shall file and pre- 
serve copies of all reports made to the county superintendent, and aV 
papers transmitted to him pertaining to the business of the corpora- 
tion; keep a complete record of all the proceedings of the meetings 
of the board and the voters of the corporation in separate books ; keep 
an accurate, separate account of each fund with the treasurer, charge 
him with all warrants and drafts drawn in his favor, and credit 
him with all orders drawn on each fund ; and he shall keep an accurate 
account of all expenses incurred by the corporation, and present the 
same to the board for audit and payment. At the annual meeting 



SCHOOL LAWS OF IOWA 45 

he shall record, in a book provided for that purpose, the names of all 
persons voting thereat, the number of votes east for each candidate, 
and for and against each proposition submitted. [C, '73, §§ 1741, 
1743; R., §§ 2041-2; C. '51, § 1128.] 

Notes: 1. Importance of secretary's work. A large amount of labor de- 
volves upon the secretary. The fidelity and promptness with which he at- 
tends to his duties make his assistance very valuable to the board and the 
district, and determine, in a large degree, the accuracy and completeness 
of his annual report to the board and to the county superintendent. 

2. Minutes — keeping of. It is essential that the record of the proceedings 
of the board and of the district meetings should be properly kept. Every 
transaction should be carefully noted, and the proceedings read and ap- 
proved. Decisions, 113. 

3. 3Iinutes as evidence. The minutes of a meeting as recorded at the time 
by the secretary, must be regarded the best evidence as to the understanding 
the board had of a subject, at the time the question was voted upon. De- 
cisions, 6, 31, 36 and 50. 

4. Proceedings submitted to board. The proceedings of any meeting in 
relation to voting schoolhouse taxes, must be submitted by the secretary, 
who is the proper custodian of the records, to the board, to form the basis 
of its action in appropriating and certifying schoolhouse taxes to the board 
of supervisors. Section 2 806. 

5. Failure to record proceedings in separate books. The failure of the 
secretary to record all the proceedings of the board and of the district 
meetings in separate books, kept for that purpose, will not render the pro- 
ceedings void. 8 Iowa, 298. 

6. Public records may be inspected. Public records are public property, 
and are open to inspection at proper times by any citizen. No public officer 
may refuse examination of the records, but as he is their custodian, and is 
charged with their safe keeping, he must keep them in his possession. 

7. Records — certified copy of. Every officer having the custody of a 
public record or writing is bound to give any person, on demand, a certified 
copy thereof on payment of the legal fees therefor. Code, section 4638. 

8. May not act. The secretary may not act as president or treasurer of 
the board. 

9. Librarian. The secretary, as the clerical officer of the board, cares 
for the records of the district (section 2761) and is the librarian of the 
corporation, unless the board appoints some other person. Section 2823-r. 

10. Cash account. The secretary is required by this section to keep an 
account current with the district treasurer. This account, properly kept, 
will assist the board in its frequent settlements with the treasurer, as re- 
quired by section 2780. 

11. Minutest-correction of. A court of equity may hear parol evidence 
to correct the record. 110 Iowa, 707. 

12. Check with treasurer. The secretary should before the annual meet- 
ing check his books with those of the district treasurer. 

Sec. 2762. Warrants. He shall countersign all v^arrants and drafts 
upon the county treasurer drawn or signed by the president; draw 
each order on the treasurer, specify the fund on which it is drawn 
and the use for which the money is appropriated; countersign and 
keep a register of the same, showing the number, date, to whom drawn, 
the fund upon which it is drawn, the purpose and the amount ; and at 
each regular annual meeting furnish the board with a copy of the 
same. [31 G. A., ch. 136; § 4; 19 G. A., ch. 46; C. '73, §§ 1739, 1782; 
R., §§ 2039, 2061; C. '51, §§ 1122-3.] 



46 SCHOOL LAWS OF IOWA 

Notes: 1. Claims uiMst be audited. All demands, whether by contract 
or otherwise, must be approved by the board when in session, before an 
order may be drawn on the treasurer, and the secretary shall draw no order 
unless he is authorized to do so by a vote of the board, at a regular or 
special meeting. Form 17. Section 2780. 

2. Secretary holds the order book. The secretary should hold the order 
book, for by this means he can better keep his records, make the transcript 
to the treasurer of orders drawn, and more easily make his final report 
to the board in July. Section 2762. 

3. Comply with lawful instructions. The secretary, president, and treas- 
urer, must conform to the instructions of the board, as far as those direc- 
tions are in accordance with law, but they should not comply with an in- 
struction directing them to do an illegal act. Section 2760. 

4. When warrant should be refused. If the board appropriates money 
to pay its members, or for any other illegal purpose, the secretary should 
refuse to draw and the president should decline to sign the order, and, if 
drawn, the treasurer should refuse to pay it. Section 276 0. 

5. How relieved from responsibility. A member may relieve himself of 
the responsibility of an illegal act of the board, by moving that the ayes 
and noes be taken, and by voting no on the unlawful proposition. Members 
of the board are not liable to prosecution for errors when not shown that 
they acted in bad faith. 69 Iowa, 533. 

6. Teachers' salaries. The board may authorize the president and secre- 
tary to draw warrants for the payment of teachers' salaries at the end of 
each school month, upon proper evidence that the service has been per- 
formed, but the order for wages for the last month should not be drawn 
until the full report required by section 2789 is filed in the office of the 
secretary. 

7. Warrants — -when illegal. School orders issued without a vote of the 
board, or otherwise illegally issued, although they may be signed by the 
president and countersigned by the secretary, are not binding upon the 
district, neither can they acquire validity by being transferred to third 
parties. If illegal when issued, they are illegal forever. 19 Iowa, 199 and 
248. Decisions, 11. 

8. Not negotiable. An order is not a negotiable paper. It is subject to 
all equities and defenses to which it would have been subject in the hands 
of the payee. 22 Iowa, 595; 29 Iowa, 339, and 92 Iowa, 676. 

9. Defects not removed by transfer. An order issued illegally does not 
acquire validity by transfer. See note 8. 

10. Terms of. School orders may not be drawn payable on time, nor 
should any mention regarding interest be in the order. An order may not 
be made payable at any other place than the treasury of the district. Sec- 
tion 2768, 

11. Registration. The registry of orders is an important matter. Every 
order drawn should be promptly reported to the district treasurer, as he 
has no other means of determining the amount of outstanding orders, and 
otherwise cannot comply with the law requiring him to make partial pay- 
ments. Section 2768 and form 18. 

Sec. 2763. Repeal. That section twenty-seven hundred sixty-three 
(2763) of the code be and the same is hereby repealed, and the follow- 
ing enacted in lieu thereof. [31 G. A., ch. 138 ; § 1 ; 18 G. A., ch. 59 ; 
C. '73, §§ 1742, 1822; R., § 2043; C. '51, § 1129.] 

Sec. 2763-a. Notice of special meetings in corporations of five thou- 
sand or more. The secretary of the board of directors of any school 
corporation which is divided into precincts, shall give notice of all 
special meetings of the voters, as provided by section twenty-seven 
hundred fifty-five (2755) of the supplement to the code. Each notice 



SCHOOL LAWS OF IOWA 47 

shall state the date, place and hours during which the meeting will be 
in session, and the object of the meeting. [31 G. A., ch. 138, § 2.] 

Notes: 1. Computing time. The statutory mode of computing time ex- 
cludes the day on which the notice is posted, and includes the day of meet- 
ing. 61 Iowa, 303. Code, section 48, subdivision 23. Forms 8 and 11. 

2. Notice necessary. Failure to comply with the law with respect to the 
notice invalidates the proceedings of the meeting, even if regular in other re- 
spects. Sections 2746, 2749, 2750, 2755. 118 Iowa, 207. 

3. Kintl of notice. It follows that notice through the newspapers or any 
other notice than as named in the law, will not take the place of the kind 
of notice required by the law, given in the manner indicated. 

4. Proving. The posting up or service of any notice or other paper re- 
quired by law may be proved by the affidavit of any competent witness at- 
tached to a copy of said notice or paper and made within six months of the 
time of such posting up. Code, section 4681. 

Sec. 2763-b. Notice of special meetings in independent corporations 
of less than five thousand. The secretary of the board of directors for 
any school corporation, located wholly within or partly within the 
corporate limits of cities of the first class, cities of the second class, or 
incorporated towns, which maj^ not have adopted the provisions of 
section twenty-seven hundred fifty-five (2755) of the supplement to 
the code and divided into precincts, shall give notice of special meet- 
ing of the voters in the same manner as for the annual meeting, by 
posting at least five notices in five public places within said corpora- 
tion, for not less than ten days next preceding the day of special meet- 
ing. Each notice shall state the date, place and hours during which 
the meeting will be in session, and the object of the meeting. [31 G. A., 
ch. 138, § 3.] 

Note: See notes to section 2 76 3-a. 

Sec. 2763-c. Notice of special meetings in school townships. The 

secretary of the board of directors for any school township or for any 
school corporation not included in the preceding sections, shall give 
teL days' printed or written notice of special meeting to the voters, 
posted in at least five public places Avithiu the corporation. They shall 
be posted at the door of each schoolhouse, and also at or near the 
last place of meeting, and each notice shall state the date, place and 
hours of meeting. [^31 G. A., ch. 138, § 4.] 

Note: See notes to section 2763-a. 

Sec. 2764. Register of persons of school age. He shall, between the 
first day of June and the first day of July of each year, enter in a 
book made for that purpose, the name, sex and age of every person 
between five and twenty-one residing in the corporation, together with 
the name of the parent or guardian. [32 G. A., § 5 ; C. '97 ; § 2764.] 

Notes: 1. Time. The law intends that no part of the enumeration shall 
be taken before the first day of June. What is desired is that the number 
of persons of the ages of five to twenty-one having an actual residence in a 
corporation on the first day of June, shall be enumerated in that corpora- 
tion. No enumeration shall be made after the first day of July. 



48 SCHOOL LAWS OF IOWA 

2. Whom to include in the enumeration. Every person between five and 
twenty-one should be enumerated where he resides. A child in one of the 
charitable or reformatory institutions temporarily, and whose parents or 
guardian reside in another part of the state, or in another school district, 
is a resident of the district in which his parents reside, and should be enumer- 
ated there. If in the institution to remain permanently, having no parents 
or guardian, his residence is in the district in which the institution is lo- 
cated, and he should be enumerated therein. 

3. What desired. The actual truth as to the number of school age is 
what is sought. Anything else disturbs the equality which by right exists, 
and prevents all from receiving exact justice in the apportionments. 

4. How obtained. The number of persons of school age can be obtained 
only by a careful and conscientious census. It includes all persons between 
five and twenty-one years having a residence within the district, even if 
married. Form 19. 

5. Rights of each district. Each district deserves credit for every one of 
proper age, but is entitled to no more. It is obvious that a guess or esti- 
mate regarding even a single individual is to be avoided. Section 2 808. 

6. By whom taken. In independent districts it is the duty of the secre- 
tary to take the annual school enumeration required by the first clause of 
this section, unless the board assigns the duty to another person. In any 
case proper extra compensation should be given for the work required, if the 
district is a large one. Section 2764. 

7. Joint districts. In districts formed of parts of two or more counties, 
the secretary should make the annual report to the county superintendent 
having jurisdiction over that school and its teachers, and with whom they 
register their certificates. This report should not include those children 
who reside in portions of the district lying in other counties. The remain- 
ing number of children should be reported by the secretary to the super- 
intendents of the counties having territory in such district. 

8. Guardian. Upon the death of both parents the grandfather or grand- 
mother, if living, becomes the natural guardian of an orphan infant. 127 
Iowa, 625. 

9. School census — seven to fourteen. At the time of making the enu- 
meration of those of the ages of five to twenty-one, the secretary shall make 
a list of those of the ages of seven to fourteen and of those of seven to four- 
teen not attending school, as provided in section 2 823-a. Section 2 823-i. 

10. Seven to fourteen, inclusive — meaning. See section 2823-a, note. 

Sec. 2765. Reports. He shall notify the county superintendent 
when each school is to begin and its length of term, and within five 
days after the regular July meeting in each year, file with the county 
superintendent a report which shall give the number of persons in the 
corporation, male or female, of school age, the number of schools and 
branches taught, the number of scholars enrolled and average attend- 
ance in each school, the number of teachers employed and the average 
compensation paid per month, distinguishing the sexes, the length of 
school in days, and the average cost of tuition per month for each 
scholar, the text-books used, number of volumes in library, the value 
of apparatus belonging to the corporation, the number of schoolhouses 
and their estimated value, the name, age and postoffice address of each 
deaf and dumb or blind person in the corporation between the ages of 
five and twenty-one years, and this shall include those who are so blind 
or deaf as to be unable to obtain an education in the common schools, 
a like report as to all feeble-minded children of and between such 
ages, and the number of trees set out and in a thrifty condition on 
each schoolhouse ground. [31 G. A., ch. 136, § 6; 19 G. A., ch. 23, § 3; 



SCHOOL LAWS OF IOWA .49 

16 G. A, eh. 112, § 1; C. 73, §§ 1744-5; R, § 2046; C. '51, §§ 1127-8.] 

Notes: 1. Data. The name of the teacher should be given, and any 
other information which will aid the county superintendent in planning his 
work of visitation, provided for in section 2734-b. 

2. Annual reports. The blanks for the annual report of the secretary 
are furnished by the state through county superintendents. The secretary 
should copy the report required by this section, in the district records. If 
the original report is filed in his office, it is liable to be destroyed or mislaid, 
which may prove detrimental to the interests of the district. 

3. Early report desired. A county superintendent should receive the sec- 
retary's report at once following the annual meeting. The county super- 
intendent cannot complete his annual report till every secretary's report 
is filed. One delinquent secretary may block the annual report for days. 

4. Accuracy. The secretary should be accurate in making his report. 
Uncertain figures are of little value. The report should not be made up 
hastily but should be carefully made out before the date of annual meet- 
ing. 

5. Daily register. Every teacher should take great pains to keep very 
carefully the register required by section 2789, in order that the report re- 
quired by this section may be made out correctly. By the teacher's doing so 
the secretary will be able to make his annual report with greater ease, and 
with added accuracy. 

Sec. 2766. Officers reported. He shall report to the county super- 
intendent, auditor and treasurer the name and postoffice address of 
the president, treasurer and secretary of the board as soon as prac- 
ticable after the qualification of each. [C. '73, § 1736.] 

Note: 1. It is very important that the secretary should file the certificate 
with the county officers named, immediately after the regular meetings of 
the board in March and July, otherwise funds belonging to the district may 
be paid to persons not authorized to receive them. Whenever a change is 
made the county officers should be notified. Form 20. 

Sec. 2767. Certifjdng tax. Within five days after the board has 
fixed the amount required for the contingent and teachers' fund, he 
shall certify to the board of supervisors the amount so fixed, and at 
the same time shall certify the amount of schoolhouse tax voted at 
any regular or special meeting. In case a schoolhouse tax is voted by 
a special meeting after the above certificate has been made and prior 
to the first day of September following, he shall forthwith certify the 
same to the board of supervisors. He shall also certify to such board 
any provision made by the board of directors for the payment of prin- 
cipal or interest of bonds lawfully issued. [C. '73, §§ 1777, 1823; R., 
§§ 2037, 2044.] 

Notes: 1. The secretary has no discretion but must certify the tax to the 
board of supervisors. He should also certify to the board of supervisors any 
provision made by the board of directors for the payment of principal or 
interest of bonds lawfully issued. 141 Iowa, 43. 

2. Use form. To avoid errors the secretary should use forms furnished 
by the county superintendent in certifying the amount of tax fixed. 

3. Excessive schoolhouse tax. The fact that the electors at their annual 
meeting voted a schoolhouse tax in excess of that which is legal to be levied 
in one year does not render the election void. The supervisors should make 
only the legal levy. 141 Iowa, 43. 

i 



50 SCHOOL LAWS OF IOWA 

4. Meeting to rescind a tax voted — discretionary. A board of directors 
may call a special meeting of the electors, when petitioned, to vote upon 
the question of rescinding a former vote authorizing a schoolhouse tax, 
provided no part of the tax has been collected; but the matter is discretion- 
ary with the board and the courts will not require it to act. 141 Iowa, 43. 

Sec. 2768. Duties of treasurer — payment of warrants. The treas- 
urer shall receive all moneys belonging to the corporation, pay the 
same out only upon the order of the president countersigned by the 
secretary, keeping an accurate account of all receipts and expeditures 
in a book provided for that purpose. He shall register all orders 
drawn and reported to him by the secretary, showing the number, 
date, to whom drawn, the fund upon which drawn, the purpose and 
amount. The money collected by tax for the erection of schoolhouses 
and the payment of debts contracted therefor shall be called the school- 
house fund ; that collected for the payment of school building bonds 
shall be called the school building bond fund; that for rent, fuel, re- 
pairs, and other contingent expenses necessary for keeping the school 
in operation, the contingent fund ; and that received for the payment 
of teachers, the teachers' fund; and he shall keep a separate account 
with each fund, paying no order that fails to state the fund upon 
which it is drawn and the specific use to which it is to be applied. 
Whenever an order cannot be paid in full out of the fund upon which 
it is drawn, partial paj^ment may be made. All school orders shall 
draw lawful interest after being presented to the treasurer and by 
him endorsed as not paid for want of funds. [31 G. A., ch. 139 ; C, '73, 
§§ 1747-50; E., §§ 2048-50; C, '51, §§ 1138-40.] 

Notes: 1. C?iistodian. The language of this section is very explicit. It 
makes the treasurer the custodian of all moneys belonging to the district, 
which effectually precludes the idea of dividing the money belonging to any 
particular fund among the subdistricts. Decisions, 13. 

2. Use of funds. The treasurer may pay out the funds only on the order 
of the president, countersigned by the secretary, and the president may not 
sign an order unless he is authorized to do so by the board. Section 2768 and 
2780. 

3. Claims must be audited. No order shall be drawn on the district treas- 
ury, until the claim for which it is drawn has been audited and allowed. 
Section 2780. 

4. Orders— order of payment. In making payment, when there is not 
sufficient money on hand to pay all outstanding orders, one order may not be 
given preference over another. 40 Iowa, 62 0. 

5. Loaning. Neither the electors nor the board may authorize the treas- 
urer to loan money belonging to the district. Code, section 4840, as note 11 
to section 2769. 

6. Responsibility of treasurer. The treasurer is responsible for all moneys 
coming into his hands by virtue of his office, even if stolen or destroyed by 
fire. The board has no authority to release him, unless he accounts in full 
for all moneys received by virtue of his office. 37 Iowa, 55 0; 39 Iowa, 9; 
40 Iowa, 130, and 80 Iowa, 497. 

7. Depositing. It is generally advisable for the treasurer to deposit the 
money in some safe and secure bank; but the treasurer and his bondsmen are 
as fully responsible as they would be if the money is held by the treasurer 
in person. A general deposit is not conversion. 120 Iowa, 695. 

7 J. Deposits not preferential claim. A deposit of school funds in a bank 
does not make the banker a trustee nor does the account become a pre- 



SCHOOL LAWS OF IOWA 51 

ferred claim in case of bank failure. 139 Iowa, 58. 

8. May not reimburse. The spirit of our law forbids the electors to vote 
schoolhouse funds to reimburse a treasurer or his bondsmen for a loss of the 
money belonging to the district. There is no way under the law by which 
the treasurer and his bondsmen may be released from absolute liability. 
Note G. 

9. No highway fund. There is no authority in law for a county ti'easurer 
and a district treasurer to keep a part of the schoolhouse fund separate as a 
so-called highway fund or library fund. It is obvious that all moneys col- 
lected as voted by the electors must belong to the schoolhouse fund or the 
school building bond fund. Section 2768. 

10. Cost of removal. When possible, it is desirable that the cost of re- 
moving and repairing schoolhouses shall be paid from the schoolhouse fund. 
If there is no schoolhouse fund on hand unappropriated, the expense of re- 
moval, if not too considerable, may be paid from the contingent fund. 

11. Flag staff. Contingent fund may be used to erect a flag staff upon 
the schoolhouse or a flag pole upon the school grounds for the purpose of dis- 
playing a school flag. 

12. Minor improvements. Minor improvements, such as the erection of 
ordinary outhouses, storm caves, fences, and the like, may be paid for from 
either the contingent or the schoolhouse fund. 

13. Ordinary repairs — rebuilding. Ordinary repairs should be charged to 
the contingent fund; but when such repairs assume the magnitude of a re- 
building, or of an extensive addition, they should be charged to the school 
house fund. 

14. Use of unaiipropriated schoolhouse fund. Any unappropriated school- 
house fund in the district treasury may be used for the erection or repair 
of schoolhouses, at the discretion of the board, without the action of the 
electors. 

15. Seating. The cost of seating new schoolhouses should be paid from 
the schoolhouse fund. The law does not authorize the use of the contingent 
fund for the erection or completion of schoolhouses, but when a house needs 
reseating or other repairs, the cost may be defrayed either from the con- 
tingent fund, or from any unappropriated schoolhouse fund in the treasury. 
25 Iowa, 436. 

16. School furniture. The term school furniture, as generally used in 
our state, means school desks, tables, chairs, and such similar articles as are 
closely related to making the schoolhouse more suitable for its use as a 
schoolhouse; school apparatus has been understood to include the articles 
mentioned in section 2783, or such similar articles as would clearly come 
under the same designation for use in the schools for the purpose of in- 
struction. 

17. Transfer of funds. Boards have no authority to transfer money from 
one fund to another, even temporarily, unless they are authorized by the 
electors under section 2749, subsection 5, to transfer any surplus in the 
school house fund to another fund. Notes 3 and 4 to section 2810. 

18. Teachers' fund not divided. The teachers' fund should not be divided 
among the subdistricts, equally, according to the number of children, or upon 
any other basis. This fund can be paid out only to teachers for services, 
upon orders authorized by the board. 

19. Order must specify fund. The treasurer shall pay no order which 
does not specify the fund on which it is drawn, and the specific use to which 
the money is applied. 

20. Tuition belongs in teachers' fund. Tuition fees collected from non- 
residents belongs to the teachers' fund. 

21. Teachers' fund — use of. No part of the teachers' fund may be used 
for any other purpose than to pay teachers or to pay tuition of pupils at- 
tending school in another district under sections 2774 and 2803; except the 
amount withheld from the apportionment for the purchase of library books. 
Section 2823-n. 



52 SCHOOL LAWS OP IOWA 

22. Register of orders. The law requires both the secretary and the treas- 
urer to keep a register of all orders drawn on the district treasury, contain- 
ing a record of each item enumerated. Form 24, Sections 2762, 2768. 

23. School orders — terms of. The board has no authority to make a con- 
tract by which school orders shall draw interest before their presentation 
nor a higher rate than six per cent. 90 Iowa, 53. 

24. Caves. The board of directors may build a cave near the schoolhouse, 
using any unappropriated schoolhouse or contingent fund for that purpose. 

25. Secretary furnish list of orders. It is essential that the treasurer 
should know the exact amount of outstanding orders, and for this reason 
the secretary is required to report to him all orders drawn on the district 
treasury. Section 2762. 

2 6. Register — importance. The register provided for in this section is in- 
dispensable to the treasurer, under the law requiring him to make partial 
payments on orders when he has not funds sufficient to pay them in full. 
40 Iowa, 620, 

27. When treasurer may refuse to pay. The treasurer may rightly ob- 
ject to paying an order that is defective in any of the particulars named. 
It is especially essential that the purposes for which the order was given 
shall be written in the order. The stub in the order book should also be 
properly filled out and carefully preserved. 

28. Partial jiayment. The provision as to partial payment applies to all 
orders on that fund. The holder of an order drawn to pay a judgment can- 
not insist on its being satisfied in full to the exclusion of other orders. 40 
Iowa, 620. 

29. Indorsement for want of funds. By keeping a correct account of the 
orders, as by form 18, the treasurer will know the amount outstanding, and 
can readily determine what per cent on each he can pay with the funds on 
hand. When requested by the holder, he should indorse an order so that the 
amount remaining unpaid may draw legal interest. Section 2768. 

30. Payments should be indorsed. Whenever partial payment is made, 
the treasurer should indorse the payment on the order and take a receipt for 
the amount paid. When paid in full, the order should, in all cases, be in- 
dorsed by the person presenting it, and left with the treasurer. It is then a 
voucher for the amount paid. Section 276 8. 

31. To compel payment. The remedy of any one holding an order which 
the treasurer refuses to pay or indorse is application to a court for a writ to 
compel such officer to make payment. At the final hearing before the court 
it will be definitely determined whether the order is of such character that it 
should be either paid by the treasurer or indorsed by him as not paid for 
want of funds. Section 2768. 

32. Limit of taxation. See sections 2749, 2753, 2806, 2813, 2825. 

See. 2769. Financial statem-ent. He shall render a statement of 
the. finances of the corporation whenever required bj^ the board, and 
his books shall always be open for inspection. He shall make an annual 
report to the board at its regular July meeting, which shall show the 
amount of the teachers' fund, the contingent fund, and the school- 
house fund held over, received, paid out, and on hand, the several 
funds to be separately stated, and he shall immediately file a copy of 
this report with the county superintendent. [31 G. A., ch. 136, § 7; 
16 G. A., ch, IIQ, § 2; C. '73, § 1751; R., § 2051; C, '51, § 1141.] 

Notes; 1, Settlement. The interest and protection of the taxpayers re- 
quire that a full and complete settlement should be made at least once each 
year, and more frequently if deemed necessary, and that the settlement at 
the July meeting requires that the funds and property shall be produced and 
fully accounted for, and that these facts should be indorsed upon the new 
bond of the treasurer, if he is re-elected. Code, section 1193, quoted in note 
9 below. 69 Iowa, 269; 91 Iowa, 198, and 110 Iowa, 58. 



SCHOOL LAWS OF IOWA 53 

2. Treasurer — may demand. The outgoing treasurer and his bondsmen 
have a right to expect and to require that the board shall make a complete 
settlement, and the treasurer may demand and receive written evidence that 
such settlement is complete. 110 Iowa, 58. 

3. Responsibility. The responsibility of the treasurer and his bondsmen 
to the district is absolute, and it rests with the treasurer to deposit the 
money in a bank, or not, as may seem best to him. 

4. School funds — deposit in bank. A school township treasurer may right- 
fully make a general deposit of the funds of his district, and the title to the 
funds will not thereby pass to the bank, nor does it amount to conversion; 
and any guaranty which the bank may give to secure him against loss in case 
of its failure is not invalid, either on the ground that the deposit was wrong- 
ful or as against public policy. 120 Iowa, 695. 

5. Officers may not be released. It is not within the power of even the 
electors to release the board or its officers from their obligation to protect 
the funds of the district. 

6. Terms sureties liable. The sureties on an official bond may be held 
for three years from the time that it is presumed an irregularity occurred. 
Code, section 3447. 91 Iowa, 198. 

7. Vouchers preserved. The vouchers of the treasurer should not be 
destroyed until after three years from the expiration of a term of office. 
The stub books of the secretary should also be retained, and not destroyed 
until after several years. 

8. Arbitration. In making settlement, the board may submit a difference 
with the treasurer, to arbitration. 70 Iowa, 65. 

9. Re-elected — requalify. When the incumbent of the office of secre- 
tary or treasurer is re-elected, he shall qualify anew, as directed by section 
2760 of the code, and when the re-elected officer has had public funds or 
property in his control, under color of his office, his bond shall not be ap- 
proved until he has produced and fully accounted for such funds and prop- 
erty to the proper person to whom he should account therefor; and the 
officer or board approving the bond shall indorse upon the bond, before 
its approval, the fact that the said officer has fully accounted for and pro- 
duced all funds and property before that time under his control as such 
officer. Code, section 1193. 110 Iowa, 58. 

10. Hold over — requalify. When it is ascertained that the incumbent 
is entitled to hold over by reason of the non-election of a successor, or for 
the neglect or refusal of the successor to qualify, he shall qualify anew, 
within ten days. Code, section 1275. 

11. Embezzlement. If any state, county, township, school or municipal 
officer, or officer of any state institution, or other pui)lic officer within the 
state, charged with the collection, safe keeping, transfer or disbursement 
of public money or property, fails or refuses to keep the same in any place 
of custody or deposit that may be provided by law for keeping such money 
or property until the same is withdrawn therefrom as authorized by law, 
or keeps or deposits such money or property in any other place than in 
such place of custody or deposit, or unlawfully converts to his own use 
in any way whatever, or uses by way of investment in any kind of property, 
or loans without the authority of law, any portion of the public money 
intrusted to him for collection, safe keeping, transfer or disbursement, or 
converts to his own use any money or property that may come into his 
hands by virtue of his office, he shall be guilty of embezzlement to the 
amount of so much of said money or the value of so much of said property 
as is thus taken, converted, invested, used, loaned or unaccounted for, and 
shall be imprisoned in the penitentiary not exceeding ten years, and fined in a 
sum equal to the amount of money embezzled or the value of such property 
converted, and shall be forever after disqualified from holding any office 
under the laws of the state. Any such officer who shall receive any money 
belonging to the state, county, township, school or municipality, or state 
institution of which he is an officer, shall be deemed to have received the 
same by virtue of his office, and in case he fails or neglects to account there- 



54 SCHOOL LAWS OP IOWA 

for upon demand of the person entitled thereto, he shall be deemed guilty of 
embezzlement, and shall be punished as above provided. Code, section 
4840. 

12. Blanks. The blanks for the annual report of the treasurer are fur- 
nished by the state, through the county superintendents. 

13. Treasurer's report to coimty superintendent. Treasurers should not 
fail to mail a copy of their annual report at once to the county superin- 
tendent, as only by timely attention on the part of the treasurers, can the 
county superintendent compile and forvpard his annual report to the super- 
intendent of public instruction, on the last Tuesday in August. 

Sec. 2770. Surrendering office to successor. Each school officer, 
upon the termination of his term of office, shall immediately surrender 
to his successor all books, papers and moneys pertaining or belonging 
to the office, taking a receipt therefor. [C. '73, § 1791; E,., § 2080.] 

Note: 1. What included. The language of this section includes copies 
of the school laws, reports, and all other publications which may be re- 
ceived by virtue of being a school officer. 

Sec. 2771. Quorum of board — filling vacancies. A majority of the 
board of directors of any school corporation shall constitute a quorum 
for the transaction of business, but a less number may adjourn from 
time to time. Vacancies occurring among the officers or members shall 
be filled by the board by ballot, and the person receiving the highest 
number of votes shall be declared elected, and shall qualify as if 
originally elected or appointed. When the board is reduced below a 
quorum, by resignation or otherwise, the secretary of the board, or 
if there be no secretary, the county superintendent shall call a special 
election to fill the vacancies, giving notice in the same manner as for 
the annual meeting on the second Monday in March. [32 G. A., eh. 
150; 28 G. A., ch. 106; 24 G. A., eh. 19; C. '73, §§ 1730, 1738; K, 
§§ 2037-38.] 

Notes: 1. Necessary to carry. In the absence of a direct provision of 
law, or of a by-law requiring majority vote of all the board, a majority of 
the votes of a quorum will carry a measure. 

2. Removal. Boards have no authority to remove any member or oflacer 
of the board. Such removal may be made only by the courts. Code, section 
1251. 

3. Neglect — misdemeanor. Willful neglect to perform duty is a misde- 
meanor. Code, sections 4904, 4906. 

4. Neglect— punishment. If a director ihabitually or willfully neglects 
the duties of his office he may be compelled by mandamus to perform them. 
Section 2822. 50 Iowa, 648. 

5. Vacancy — how created — ^how filled. A vacancy can be created only 
by death, removal, resignation, or failure to elect at the proper election, 
there being no incumbent to continue in office. Code, section 1266. A 
failure to elect or qualify does not create a vacancy, for the incumbent, 
whether elected or appointed, continues in office "until his successor is 
elected and qualified." Code, section 1265. If the incumbent does not 
qualify, a vacancy exists. A vacancy may be filled by appointment of the 
board. This appointment must be made by ballot. The president ofl the 
board may not appoint in session of the board or out. The ballot to fill 
vacancy must be taken at a duly called meeting of the board. 

6. Resignation. School directors may resign at any time. A verbal or 
written resignation may be tendered to the board when in session, or a 



SCHOOL LAWS OF IOWA 55 

written resignation may be handed to some member to be presented at a 
subsequent meeting, for acceptance by the board. 

7. Change in subdistrict. If a subdistrict is divided, so as to form a new 
one, the resident director will continue to act as though no change had been 
made, until the organization of the new board in July following the next 
regular annual election. However, on the first Monday in March, directors 
shall be chosen according to the new subdistrict boundaries. Section 2802. 

8. Legality of acts of de facto officers. If a person without the requisite 
qualifications, is elected a member of the board and acts with the board, 
being a member de facto, his acts will be valid, but when his disqualification 
becomes known, the board shall declare the place vacant and appoint his 
successor. 23 Iowa, 96. 110 Iowa, 382. 

9. Ratification of acts of de facto officers. A board may ratify or adopt 
such acts of officers de facto as the law would permit officers de jure to 
perform. 

10. Qualification of officers. See section 27 5 8. 

11. Elections — regular. Sections 2746, 2751, 2754, 2756. 

12. Vacancy — term. See notes, sections 274 5 and 2758. 

Sec. 2772. Temporary officers — course of study — regulations. 

The board shall appoint a temporary president and secretary, or either 
of them, in the absence of the regular officers, and shall prescribe a 
course of study for the schools of the corporation, make rules and regu- 
lations for its own government and that of the directors, officers, 
teachers and pupils, and the care of the schoolhouse, grounds and prop- 
erty of the school corporation, and aid in the enforcement of the same, 
and require the performance of duty by said persons not in conflict 
with law and said rules and regulations. [C, '73, §§ 1730, 1737; R., 
§ 2037.] 

Notes: 1. Course of study. The board of every district should adopt 
a carefully prepared course of study, to which the electors may add other 
branches. This department recommends and urges that the state course of 
study which has been published and used for about 2 years be adopted in 
all the ungraded schools. 

2. Branches required. The law does not prescribe clearly the several 
branches that shall be taught in the public schools, further than to require 
most teachers to be qualified to teach certain branches enumerated (section 
2734-d), and to require pupils of the ages of seven to fourteen to attend 
some school in which the common branches are taught. Sections 2823-a to 
2823-i. 

3. Branches implied. It is plainly implied that the common branches, 
including music, are to be included in every course of study. Section 2823-a. 

4. Special branches. The board of every district has the right to include 
drawing, manual training, agriculture, domestic science, or any other branch, 
in the course of study. 

5. Added branches. It is the province of the electors to decide what 
branches beside those named by the board shall be included in the course of 
study and taught in the schools. Section 2749. 

6. Different course for different schools. If it is desired that higher 
arithmetic, or any other advanced study, shall be taught in one or more 
schools in the district, the board should include such branch in the course 
of study for such school or schools. 

7. Electors may not restrict. The electors may not limit nor restrict the 
board as to a course of study. The most that the electors may do is to compel 
the board to provide for giving instruction in the branches ordered by the 
electors to be taught during the year. 44 Iowa, 564. 

8. Rhetorical and graduating exercises. The board of directors may 
adopt rhetorical exercises as a part of the course of study, and teachers and 



56 SCHOOL LAWS OF IOWA 

scholars will be governed thereby. Graduating exercises are a part of the 
course of study and the board may direct what exercises shall be held in con- 
nection with the closing days of school. 

9. Classification. In mixed schools a close classification is very desirable. 
Time is saved, larger classes are secured, and the efficiency and discipline of 
the school are promoted by such a plan. 

10. Half-day attendance. A condition may exist when for a short time 
a board may be compelled to provide by regulation that certain pupils shall 
attend only one-half of the day, and others of the same grade the other half. 
But such arrangement should not be a permanent one. 

11. Equal school facilities. A board is discharging the duty incumbent 
upon it to provide equal school facilities for all when it does the very best 
possible to overcome difficulties, and leaves nothing undone which it might 
properly be expected to do. 

12. Board as managers. Legally speaking, the management of the schools 
in every essential respect is entirely within the control of the board. Teachers 
and scholars are governed by the reasonable rules and regulations adopted 
by the board. In the absence of a rule upon any special subject the action 
of a teacher is supposed to be in effect the act of the board until such 
action is set aside or disclaimed by an order of the board directing other- 
wise. Decisions, 17, 38. Sections 2745, 2782, 

13. Control of property. Each board has exclusive control of the school- 
houses in its district, unless the school township meeting has otherwise or- 
dered. Sections 2745, 2782, 2749. 

14. Trespassing. In an extreme case it may be necessary to bring an 
action in the name of the state before a peace officer against any person or 
persons wilfully or unlawfully persisting in trespassing upon the schoolhouse 
grounds or wilfully interfering with or disturbing the quiet and uninterrupted 
progress of a public school. See note 22. 

15. Entering unoccupied schoolhoiises. If any tramp or vagrant, without 
permission, enter any schoolhouse or other public building in the nighttime, 
when the same is not occupied by another or others having proper authority 
to be there, or, having entered the same in the daytime, remain in the same 
at night when not occupied as aforesaid, or at any time commit any nuisance, 
use, misuse, destroy or partially destroy any private or public property 
therein, he shall be imprisoned in the penitentiary not more than three 
years, or be fined not exceeding one hundred dollars and imprisoned in the 
county jail not more than one year. Code, section 4793. 

16. Seciu'ity for use. The board should require from parties desiring 
to use the schoolhouse, security for its proper use and protection from other 
injury than natural wear, 

17. Use — public worsliip. It is proper to permit the use of schoolhouses 
for the purpose of public worship on Sunday, or for religious services, public 
lectures on moral or scientific subjects, or meetings on questions of public 
interest, on the evenings of the week, or at any time when such use will not 
interfere with the regular progress of the school. Especially is this so where 
abundant provision is made for securing any damages which the taxpayer 
may suffer by reason of the use for the purposes named. The use of a 
schoolhouse for such purposes, when so authorized, is not prohibited by 
section 3, article 1, of the constitution. 35 Iowa, 194; 50 Iowa, 11. 

18. Charge for admission. It is not in accordance with the meaning of 
the law and the decisions of the courts to allow a scihoolhouse to be used for 
a purpose requiring an admission fee. This does not prevent a contri- 
bution being taken up, but we think free admission should not be denied. 

19. None excluded. It is believed that no discrimination should be made 
as to who may attend meetings held in a schoolhouse. To make membership 
in a particular society a test for attendance upon the meeting would seem 
to be in conflict with the intention of the law. 

20. Voting place. In precincts outside of cities and towns the election 
shall be, if practicable, held in the public school building, for the use of 



SCHOOL LAWS OF IOWA 57 

which there shall be no charge, but all damage to the building or furniture 
shall be paid by the county. Code, section 1113. 

21. Defacing. If any person wilfully write, make marks or draw char- 
acters on the walls or any other part of any churclh, college, academy, chool- 
house, courthouse or other public building, or on any furniture, apparatus 
or fixtures therein; or wilfully injure or deface the same, or any wall or 
fence inclosing the same, he shall be fined not exceeding one hundred dollars, 
or imprisoned in the county jail not more than thirty days. Code, section 
4802. 

22. Disturbing school. If any person wilfully disturb any assembly of 
persons met for religious worship by profane discourse or rude and indecent 
behavior, or by making a noise, either within the place of worship or so near 
as to disturb the order and solemnity of the assembly, or if any person wil- 
fully disturb or interrupt any school, school meeting, teachers' institute, 
lyceum, literary society or other lawful assembly of persons, he shall be 
punished by imprisonment in the county jail not more than thirty days, or by 
fine not exceeding one hundred dollars. Section 4 959. 

23. Rules adopted by boards — interference. A rule adopted by a school 
board for the government of the school will not be interfered with by the 
courts unless it is so unreasonable as to amount to an abuse of power. 129 
Iowa, 441. 

24. Violation of rules. The determination by a school board that a rule 
which it had power to make for the government of the school had been 
violated will not be reviewed by the courts. 129 Iowa, 441. 

25. Special classes. The parent cannot expect that a class shall be 
formed whenever asked for at any time in the school year, for the special ac- 
commodation of one or more to the disadvantage of the many and to the 
detriment of the school. Section 2772. 

26. Classification necessary. It is quite necessary to carry out carefully 
a close plan of classification and instruction, and to provide what time in the 
year certain classes shall begin the study of the branches to be taught 
during that portion of the year. To this end this department recommends 
and urges the adoption of the state course of study in all ungraded schools. 

27. Beginners. Authority to prescribe the course of study confers the 
power to determine when classes in any subject may be organized. Under 
this authority, school boards may determine when beginning classes in 
primary work shall be organized. 

28. Admission of beginners. All persons of the ages of five to twenty- 
one who are actual residents of a school corporation may attend some school 
in said corporation, provided they are able to be classified under the course 
of study and rules prescribed by the board. Those who have never attended 
school, or who have not received suflBcient instruction to enable them to 
take the work of some class already organized, may demand admission only 
when a beginning class is organized. 

29. Branches completed before promotion. It is within the power of 
a board to require the study of the common branches, or of other elementary 
studies that are in the course of study adopted by the board, before advanc- 
ing the scholar to other more difficult subjects. 

30. Attendance denied. If a child becomes the source of undue annoy- 
ance to others, although through no fault of his own, he may, if absolutely 
necessary for the good of the school, be forbidden attendance. 31 Iowa, 562, 
top of page 569. Section 2782. 

31. Purpose of the law. On the other hand the spirit of our laws does 
not support an interference with personal or individual rights except when 
such control or restriction may become absolutely necessary in order to pro- 
tect others in the enjoyment of the rights guaranteed to them by the law. 
The true idea is to bring all of school age within the salutary influence of 
the school and to keep them there if possible. 

32. Control of pupil. Undoubtedly the parent and teacher have joint 
control over the scholar on his way to and from school. The pupil becomes 
subject to the control of the board as soon as he leaves home for school and 



58 SCHOOL LAWS OF IOWA 

continues within such control until he again reaches the home of the parent. 
It is very desirable that co-operation and a mutual desire to promote the best 
good of the scholar should be sought by the parents and the school authori- 
ties. 129 Iowa, 441. 

33. Teacher to determine subjects. It is the duty of the teacher, under 
the direction of the board, to determine what branches can best be pursued 
by each scholar. Section 2772. 

34. Branches understood in course. Without special mention in the 
teacher's contract, it is understood that only the usual common branches and 
those included in the course of study for the school are expected to be taught. 
Section 2778. 

35. Subjects must be included. If it is desired that higher arithmetic 
or any other advanced study, shall be taught in one or more schools in the 
district, the board should include such branch in the course of study for such 
school or schools, and require the teacher to obtain a valid certificate in such 
branch before beginning school. Sections 2749, 2772. 

3 6. Subjects not in coui'se. It is not within the province of individual 
persons to demand instruction outside the branches in the course of study. 

37. Music and physiology mandatory. Every scholar must study music, 
physiology and hygiene, including the effects of stimulants and narcotics, 
until the outline upon that branch, as prepared by the board, has been 
completed. Section 2823-s, 2775. 

38. Follow course. It becomes the duty of every teacher to follow the 
plan of work indicated in the course of study. When diflaculties are met, if 
no other person has general supervision, the matter may be brought to the 
attention of the board. Section 2772. 

39. Board has control of classification. As regards classification, the 
board has absolute control. But as the teacher is by common consent pre- 
sumed to know what will be best for all, custom has left to him the making 
of the program and the placing of scholars in the proper classes. Section 
2772. 

40. When not entitled to promotion. If a scholar is found to be so 
deficient in the common branches that he is unable to take the work in a 
class more advanced, without detriment to the class and to himself, it is 
plain that he may be classified in each branch where he is likely to receive 
the greatest good. The penalty for not pursuing a suitable course of study 
will be found in the fact that such scholars may be denied promotion, and 
may not be allowed to graduate. 

41. Aids and apparatus. In connection with the course of study, the 
board should designate the teaching helps and apparatus to be used, and 
should also arrange to furnish such appliances as soon as they are needed. 

42. Compulsory attendance. Sections 2823-a to 2823-i. 

43. Power to make a rule — how determined. While the review of the 
action of a school board with reference to a matter within its jurisdiction 
is by appeal to the county superintendent, yet the question as to whether 
the board had power to make the rule can be reviewed by the court in a 
mandamus proceeding. 129 Iowa, 441. 

44. Expulsion of scholar — dismissal of teacher — enforcement of regula- 
tions. Section 2782. 

See. 2773. Schoolhouse site — division of district — length of school. 

It may fix the site for each schoolhouse; taking into consideration the 
geographical position, number and convenience of the scholars, pro- 
vide for the fencing of schoolhouse sites, determine the number of 
schools to be taught, divide the corporation into such wards or other 
divisions for school purposes as may be proper, determine the particular 
school which each child shall attend, and designate the period each 
school shall be held beyond the time required by law. Every school 
shall be free of tuition to all actual residents between the ages of five 



SCHOOL LAWS OF IOWA 59 

and twenty-one years, and each school regularly established shall con- 
tinue for at least twenty-four weeks of five school days each, in each 
school year commencing the first of July, unless the county superin- 
tendent shall authorize the board to shorten this period in any one 
or more schools, when in his judgment there are sufficient reasons for 
so doing. No school shall be in session during the time of holding a 
teachers' institute except by written permission of the county super- 
intendent. [31 G. A., ch. 136, § 8; 19 G. A., ch. 172, § 21; 17 G. A., eh. 
54; 15 G. A., ch. 57; C. '73, §§ 1724, 1727, 1769; R., §§ 2023, 2037.] 

Notes: 1. Power to locate school site. The power to locate site for 
sohoolhouses is vested, originally, exclusively in the board. This authority 
should be exercised with great care and without prejudice. The electors may 
not definitely limit a board by vote or instructions. If, however, taxes or 
bonds have been voted to build upon a particular site, the board may not 
disregard such vote. 100 Iowa, 317. Decisions, 20, 29, 39. 135 Iowa, 95. 

2. Change of site. The directors of a school township have the power 
under code, section 2773, to change the site of a schoolhouse without author- 
ity by vote of the electors of the district. 123 Iowa, 199. 135 Iowa, 95. 

3. Expediency of removal. The expediency of removal cannot be con- 
sidered upon an application for injunction; nor will the action of the board 
be considered on a simple allegation that it was surreptitiously taken in 
the absence of a statement of facts upon which the complaint was based. 
123 Iowa, 199. See also Kinney v. Howard, 133 Iowa, 94. 

4. Removal of schoolhouse. The removal of a schoolhouse to another site 
within the same subdistrict is entirely within the control of the board, and 
a vote of either the electors of the subdistrict or of the school township 
will be only suggestive. 81 Iowa, 335. 

5. Wishes of electors considered. The wishes of the people, for whom 
the house is designed, should be consulted as far as practicable, taking into 
account prospective as well as present needs of all the people of the district. 
Decisions, 2 0, 24 and 70. 

6. Reasonable distance. There is nothing in the law fixing a standard 
as to what is to be considered a reasonable distance for children to travel to 
school. Attendance in an adjoining district under such circumstances as to 
secure the payment of tuition to the adjoining district is governed by the 
provisions of section 2803. Decisions, 96. 

7. Removal of schoolhouse from subdistrict. The removal of a school- 
house from the subdistrict must be first ordered by the electors, at the town- 
ship meeting. Decisions, 15. 

8. Site on highway. There are many obvious reasons why a schoolhouse 
site should not be located away from the highway. It is highly desirable that 
the necessary highways to a new site should be open before a schoolhouse 
is placed upon such site. 

9. Suggestive votes not mandatory. A vote of the electors upon matters 
which by the law are to be determined by the board, is not binding upon 
the board, but is only suggestive to it. In such matters the board will still 
be left free to exercise the large discretion vested in it by the law. 81 Iowa, 
335. 

10. Removal in case of change in district. As a change of boundaries 
between subdistricts does not take effect until the organization of the new 
board elected in March following the change, the board may not move the 
schoolhouse to accommodate the proposed new conditions until after that 
time. 

11. Should own sites. If possible, the district should own the sites. A 
perfect title should be secured, and the warranty deed recorded, before com- 
mencing to build. The property should be conveyed to the district in its 
corporate name. The deed should be recorded and afterwards filed with the 
president. Form 26. > 



60 SCHOOL LAWS OF IOWA 

12. Abstract. The title to property whicli school boards acquire is sub- 
ject to the reversal of the action of the board. 135 Iowa, 122. In pur- 
chasing the grounds for schoolhouse purposes the president should require 
an abstract of title and satisfy himself that the property is free from in- 
cumbrance. 

13. Public square as site. A public square, of a town located wholly 
within an independent district, may be transferred to such district for school 
purposes. Code, sections 931-932. 

14. Size of rural site. A rural site should contain not less than one acre 
of ground, ordinarily, and this exclusive of highway. In consolidated cor- 
porations (section 2794-a) and school townships owning but two sites, not 
to exceed four acres may be acquired. Section 2814. 

15. When section 2814 does not apply. The provisions of section 2814 
do not apply when the site is purchased. 

16. Number necessary. The law does not provide the number to be 
accommodated by a new house in order that one may be built. Decisions, 55. 

17. More than one schoolhouse. There is nothing in law to prevent the 
erection of more than one schoolhouse in a subdistrict. 69 Iowa, 533. De- 
cisions, 55. 

18. Fencing school site — ^mandatory. Sections 2745-a and 2745-b. 

19. Lawful fence. Section 2367 of the code defines a lawful fence. The 
same section provides that a partition fence may be made tight by the party 
desiring it. 

20. Fence viewers. Any question upon which there is a difference of 
opinion between parties should be submitted to the township trustees, who 
act as fence viewers, and determine matters in controversy. Section 2367. 

21. No holidays. There are no holidays during which teachers are ex- 
empted by the law from teaching, unless excused by the board. A legal con- 
tract requires twenty days of actual service for a month. 

22. Legal holidays. In this state, by common consent and universal 
custom. New Year's Day, Memorial Day, Fourth of July, Labor Day, Christmas 
and any day recommended by the governor or the president as a day of 
thanksgiving, are observed as holidays. 

23. Board may allow holidays. It is the commendable custom with very 
many boards to allow teachers and scholars the so-called holidays, and to 
pay the teachers as if those days had been taught. 

24. Visiting other schools. There is no provision of law giving teachers 
time to visit other schools. Boards often grant teachers this privilege, under 
proper restrictions. 

25. Teacliing on Saturday. By consent of the board, an occasional Sat- 
urday may be taught. But as five days are a school week, the practice is not 
to be commended. 

26. Effect of custom. If no action has been taken by the board and the 
contract contains no provision relating to the matter, the custom prevailing 
in that school will probably govern as to the matter of beginning and closing 
school sessions, intermissions, and other like particulars. It is well for the 
board and the teacher to have an agreement in matters of this kind. 

27. School day — length. While the written law does not specify the 
length of a school day, almost universal custom has made it six hours. The 
board has the power to shorten or lengthen this time somewhat if thought 
best. If no action has been taken by the board, and a contract contains no 
provision relating to the matter, the custom prevailing in the district will 
probably govern. 

28. Night school — extra compensation. It is within the power of the 
board to maintain a night school. No person may receive pay from the funds 
of the district for giving instruction outside of the school hours fixed by the 
board nor for teaching without a certificate. Section 2788. 

29. Number months of school. As regards the length ofl time during 
which schools are to be taught, twenty-four weeks is the minimum. Above 
this it is entirely within the discretion of the board to determine the number 



SCHOOL LAWS OF IOWA 61 

of months of school, the time when schools begin, the length of term, and 
the time and length of vacations. The maximum is unlimited, except as by 
section 2806, limiting the amount of taxes for contingent and teachers' fund. 

30. Amount of school. The regular schools of the district should be kept 
in session an equal number of months, unless the time is shortened or the 
school closed with the consent of the county superintendent. 47 Iowa, 11. 

31. Attendance — how determined. Attendance is not necessarily governed 
by subdistrict lines. Usually and naturally in school townships the subdis- 
trict will form a suitable division for attendance. The board may determine 
what school in the township children shall attend, without regard to the 
boundaries of subdistricts. 

32. Subdistrict — voting. Subdistrict lines determine who may vote for 
director of the subdistrict, and also fix the limits of taxation, if the voters of 
a subdistrict vote a schoolhouse tax upon the subdistrict. 

33. Paupers — attendance tuition. Poor children, when cared for at the 
poor-house, shall attend the district school for the district in which such house 
is situated, and a ratable proportion of the cost of the school, based upon the 
attendance of such poor children to the total number of days' attendance 
thereat, shall be paid by the county into the treasury of such school district, 
and charged as part of the expense of supporting the poor-house. Code, sec- 
tion 2249. 

34. Board must provide school. If a board does not maintain a school 
and does not secure the release from the county superintendent, then any one 
legally interested may apply to a court for a writ to compel the board to per- 
form its duty in the matter and to supply school privileges. 

35. More tlian one school. The board may establish more than one school 
when necessary for the accommodation of the children, subject to the limita- 
tions in section 2806. An additional school in a rented room continues dur- 
ing such time as the board may determine. Section 2774. 

36. Salary determined by needs. Inequalities in the requirements may 
demand that varying prices should be paid as wages for different schools. 
Decisions, 24. 

37. School year. The school year for school purposes should be regarded 
as beginning on the first day of July. The year for the reports closes June 
30th. Sections 2757, 2765, 2769. 

38. Who entitled to school — color. All the youth of the state from five 
to twenty-one years of age, irrespective of religion, race or nationality, are 
entitled to the same school facilities. While schools may be graded accord- 
ing to the proficiency of pupils, no discrimination, such, for instance, as re- 
quiring colored pupils to attend separate schools, can be enforced. 24 Iowa, 
266. 41 Iowa, 689. 

Sec. 2774. Renting room — instruction in other schools — transporta- 
tion of children. It may, v^^hen necessary, rent a room and employ a 
teacher, vv^here there are ten children for whose accommodation there 
is no schoolhouse; and when the board is released from its obligation 
to maintain a school, or when children live at an unreasonable distance 
from their own school, the board may contract with boards of other 
school townships or independent districts for the instruction of children 
thus deprived of school advantages, in any school therein, and the cost 
thereof shall be paid from the teachers' fund. And when there will be 
a saving of expense, and children will also thereby secure increased 
advantages, it may arrange with any person outside the board for the 
transportation of any child to and from school in the same or in an- 
other corporation, and such expenses shall be paid from the contingent 
fund. [21 G. A., ch. 124; 16 G. A., ch. 109; C. '73, § 1725.] 



62 SCHOOL LAWS OF IOWA 

Notes: 1. Extra school. The board cannot provide an extra school for 
the accommodation of a less number than ten persons of school age. The 
board may, however, provide for their instruction in other school corpora- 
tions, and may, if necessary, provide for their transportation. Decisions, 111, 

2. Appeal. From the action of the board with regard to an additional 
school, an appeal will lie to the county superintendent. If it is clearly shown 
to the county superintendent that the board abused its discretion in pro- 
viding or in refusing to provide such a school, he may on appeal reverse its 
action, and do what the board might have done. 

3. Board may not be paid. The board of scholars may not be paid by 
the district. 

4. Consent necessary. The board, before closing a school, should procure 
the consent of the county superintendent. Section 2773. 

5. Appeal not mandamus. The remedy for one aggrieved by the action 
of a school board is to appeal to the superintendent and not mandamus. 
136 Iowa, 573. 

See. 2775. Instruction as to stimulants, narcotics and poisons. 11; 

shall require all teachers to give and all scholars to receive instruction 
in physiology and hygiene, which study in every division of the subject 
shall include the effects upon the human system of alcoholic stimulants, 
narcotics and poisonous substances. The instruction in this branch 
shall of its kind be as direct and specific as that given in other essen- 
tial branches, and each scholar shall be required to complete the part 
of such study in his class or grade before being advanced to the next 
higher, and before being credited with having completed the study of 
the subject. [21 G. A., eh. 1.] 

Notes: 1. Scope. This study must begin in the lowest primary class. In 
what grade or class it shall be completed is to be determined by the board. 

2. Methods of instrnctlon. The first three grades must be instructed orally, 
as the children are not old enough to use or comprehend a book. But this 
oral instruction must be outlined as a course, and adopted by each board. 
The portion assigned to each grade or class should be thoroughly mastered 
before more advanced work is entered upon. The work will be best accom- 
plished with the older scholars by the use of a suitable text-book, which it is 
the duty of every board to select and adopt. Many other harmful effects, 
very properly emphasied in public lectures, are not required to be taught in 
the class room. 

3. Spirit of law observed. Teachers should be careful to give instruction 
in accordance with the spirit of the law. The law contemplates that the 
noxious effects upon the system of the user of any of the articles named shall 
be taught. 

4. Tobacco — use of. The board may forbid the use of tobacco on the 
school grounds. 

5. Total abstinence. It is not out of place to emphasize the truth that 
total abstinence is the only sure way to escape the evils arising from the use 
of alcoholic drinks and tobacco. 

6. Cigarette habit. The alarming increase of the cigarette habit calls 
for united and aggressive action in removing from the growing boy as far 
as we can possibly do so, the temptation and opportunity to purchase tobacco. 
In this way value will be added to the instruction required to be given in all 
public schools as to the effects of narcotics. Section 5 005. 

7. Co-operate with authorities. We urge upon all teachers to co-operate 
with the authorities and with all other persons in creating and fostering a 
sentiment favoring a rigid enforcement of the law regarding the sale or giving 
of tobacco to boys. Code, section 5005. 

8. Mandatory. Every scholar must study physiology and hygiene, in- 
cluding the effects of stimulants and narcotics, until the outline upon that 



SCHOOL LAWS OF IOWA 63 

branch, as adopted by the board, has been completed. The law does not mean 
that a scholar must necessarily study this branch continuously during his en- 
tire school life, unless the course of study adopted by the board so provides. 

9. Responsibility of the board. A board cannot shift the responsibility 
by simply providing that teachers shall give instruction in this branch. It 
must provide for instruction in this subject in the course of study and see to 
it that the work is actually done by teachers as the law requires. 

10. Duty of county superintendent. County superintendents should know 
that every teacher is complying fully with this statute, and any teacher fail- 
ing or refusing to teach as required, may not be permitted to continue in the 
work of teaching. 

11. Enforcement. The proper remedy to secure an enforcement of these 
provisions, as of other mandatory requirements, is application to a court of 
law for a writ of mandamus. Code, section 4341. 

Sec. 2776. Higher schools — union schools. It shall have power to 
maintain in each district one or more schools of a higher order, for the 
better instruction of all in the district prepared to pursue such a course 
of study, and it may establish graded or union schools and determine 
what branches shall be taught therein, but the course of study shall be 
subject to the approval of the superintendent of public instruction; and 
it may select a person who shall have general supervision of the schools 
in any district subject to the control of the board. [C. '73, § 1726; 
R., §2037.] 

Notes: 1. Course of study. With its power to establish and maintain 
graded and higher schools, every board is invested with authority to prescribe 
a course of study in the different branches to be taught. Section 2 772. 

2. Township high school. A high school, open to the older and more 
advanced scholars, may be advantageously established at some central point 
in the school township. 

3. Co-operation. It is very desirable that boards, county superintendent, 
and teachers should work together in efforts to classify and harmonize the 
work to be done in the ungraded schools. Much may be accomplished by con- 
cert of action in carrying foi'ward some uniform method of classification and 
instruction. 

4. Electors may not limit. The electors may not limit nor restrict the 
board to the adoption of a course of study including only such branches as the 
electors may name. Nor may the electors direct that a particular branch, or 
certain studies, shall not be taught. It is the province of the electors to de- 
cide what branches besides those named by the board, shall be included in the 
course of study and taught in the schools. Section 2749. 

5. Graded or union school — meaning. The best use of the term graded 
or union school is that referring to a group of different schools or rooms con- 
taining scholars of varying ages and attainments, but divided by rooms and 
classes into sections in which each may do the best work and gain for himself 
the greatest good. 

Sec. 2777. Kindergarten department. The board may establish 
within any independent school district, in connection with the common 
schools, kindergarten departments for the instruction of children, to be 
paid for in the same manner as other grades and departments. Any 
teacher in kindergartens shall hold a certificate from the county super- 
intendent certifying that the holder thereof has been examined upon 
kindergarten principles and methods, and is qualified to teach in kin- 
dergartens. [26 G. A., ch. 38.] 



64 SCHOOL LAWS OF IOWA 

Notes: 1. Instruction, below school age. It may well be doubted whether 
the board in any district may provide for the instruction of children below the 
minimum school age. The constitution of the state does not seem to contem- 
plate that public money shall be used to provide schooling for any below five 
years of age. Section 2773. 

2. Ifind of license necessary. A teacher in a kindergarten department 
must be the holder of a kindergarten certificate. No other kind of certificate 
will authorize one to teach in such a department. 

Sec. 2778. Contracts — election of teachers. The board shall carry 
into effect any instruction from the annual meeting upon matters within 
the control of the voters, and shall elect all teachers and make all con- 
tracts necessary or proper for exercising the powers granted and per- 
forming the duties required by law. But the board may authorize any 
subdirector to employ teachers for the schools in his subdistrict. Con- 
tracts with teachers must be in writing, and shall state the length of 
time the school is to be taught, the compensation per week of five school 
days or month of four weeks, and such other matters as may be agreed 
upon, signed by the president and teacher, and filed with the secretary 
before the teacher commences to teach under such contract. [28 G. A., 
ch. 107; 22 G. A., ch. 60; C. '73, §§ 1723, 1757; R., §§ 2037, 2055.] 

Notes: 1. Duty of board. The law requires the board to make all con- 
tracts necessary to carry out any vote of the district, and the president to sign 
all contracts made by the board. Section 2759. Decisions, 111. 

2. Erection of schoolhouse. It is the duty of the board to make contracts 
for the erection of schoolhouses, when the means have been provided by the 
electors. 

3. Powers of electors limited. The electors frequently assume to exercise 
powers not granted them by the law. They have only such powers as are 
specifically named in the law. 

4. Vote rescinded. A vote of the board may be rescinded, if matters have 
not become involved making such reconsideration impossible, such as the 
acceptance of a contract under the vote in question, or the filing of an appeal. 

5. Power may not be delegated. The responsibility of choosing teachers 
may not be transferred to persons outside the board. They must all be elected 
by the board, except in school townships wherein the board may at its dis- 
cretion authorize any subdirector to employ teachers for his subdistrict. 

6. Director as teacher. If a director desires to teach the school in his 
own subdistrict, he should first resign as director, because it would not only 
be unwise but contrary to public policy to permit a board of directors to con- 
tract in the name of the district with one of its own number. 78 Iowa, 37. 

7. Dui-ation of contracts. Our supreme court has held "that an exam- 
ination of the statutes leads to the inevitable conclusion that the legislature 
intended such contracts to be limited in duration to the school year as deter- 
mined by the board of directors." 107 Iowa, 29. 

8. Outgoing board without authority. The opinion last cited also makes 
it plain that no board of directors has the right, prior to the election and 
organization of the new board, to elect and contract with a teacher for the 
ensuing year. 

9. Opinions on question of contract. The department of public instruc- 
tion should not be expected to give any opinion upon questions involving the 
validity of a contract. Such questions are for the courts. 

10. Compensation of teachers. The board should grant a compensation 
to be paid the teacher according to the circumstances and requirements of 
each school. 

11. Contracts. The law specifically requires that contracts with teachers 
must be in writing. Both boards and teachers should see that this require- 



SCHOOL LAWS OF IOWA 65 

ment is complied with. When a contract has been signed the president should 
file the original with the secretary before the opening of school. The teacher 
should retain a duplicate of the contract. 

12. Certificate may not be questioned. A board may not question nor 
discredit in any manner a valid certificate held by a teacher, but may demand 
proof of special attainments desired by it before engaging a teacher. 

13. Contract — what included. All matters agreed upon should be incor- 
porated into the written contract. The law presumes that the written contract 
embraces the entire agreement of the parties. 52 Iowa, 130. 

14. Common branches. Without special mention in the teacher's con- 
tract, it is understood that only the usual common branches and others In- 
cluded in the course of study for the school are expected to be taught. If it 
is desired that other branches shall be taught they should be designated in 
the contract or indicated in some manner. 

15. Should produce certificate. The president should require the teacher 
to produce his certificate, which he should carefully examine before signing 
the contract. 

16. Contract — damages for breaking. A teacher not permitted to com- 
plete the term according to contract is entitled to damages, the amount of 
damages being equivalent to the wages lost. Ill Iowa, 20; 110 Iowa, 314. 

17. Added branches. To the branches adopted by the board, the electors 
of any district may add such other branches they deem best to have taught. 
Section 2749. 

18. Non-English speaking pupils. It is the duty of our school authorities 
to provide for schools having non-English speaking scholars, the best instruc- 
tion available, in order that all the children may acquire rapidly a correct use 
of English, and become acquainted as soon as possible with the spirit and 
genius of our American institutions. 

19. Relative — employment of. There is no provision of law to prevent 
the employment of a relative of a member of the board as teacher. 

20. Contract in violation of law. A contract violating the terms of the 
law is wholly illegal and void, but the persons signing such contract may 
be held personally for its performance. 37 Iowa, 314. 

21. Discharge of teacher. The law provides in section 2782 the manner 
in which a teacher may be discharged, and the board may not attempt to pro- 
vide any other method of terminating the contract. 82 Iowa, 686; 100 Iowa, 
328; 110 Iowa, 313; 111 Iowa, 20. 

22. Oral contract^ — enforcement of. Any person interested in having a 
verbal contract carried into execution may apply to a court for a writ of 
mandamus to compel the signing of the written contract. In this way all 
matters in controversy will be brought before a court in such a manner as to 
secure a speedy and conclusive determination of the different questions in- 
volved. 

Sec. 2779. Erection or repair of schoolhouse. It shall not erect a 
schoolhouse without first consulting with the county superintendent as 
to the most approved plan for such building and securing his approval 
of the plan submitted, nor shall any schoolhouse be erected or repaired 
at a cost exceeding three hundred dollars save under an express con- 
tract reduced to writing, and upon proposals therefor, invited by ad- 
vertisement for four weeks in some newspaper published in the county 
in which the work is to be done, and the contract shall be let to the 
lowest responsible bidder, bonds with sureties for the faithful per- 
formance of the contract being required, but the board may re.ject any 
and all bids and advertise for new ones. [C. '73, § 1723 ; R., § 2037.] 

Notes: 1. Plans — approval of. Before making a contract great pains 
should be taken to obtain the best possible plan for the building. On this 
6 



66 SCHOOL LAWS OF IOWA 

point the law requires consultation with the county superintendent. The 
written approval of the plan by the county superintendent should be secured. 

2. Plans and specifications. In building a schoolhouse, It is important 
to secure plans of the building, with full specifications as to its dimensions, 
style of architecture, number and size of windows and doors, quality of ma- 
terials to be used, what kind of roof, number of coats of paint, of what ma- 
terial the foundation shall be constructed, its depth below and its height 
above the surface of the ground, the number and style of chimneys and flues, 
the provisions for ventilation, the number of coats of plastering and style of 
finish, and all other items in detail that may be deemed necessary. The 
plans and specifications should be attached to the contract, and the whole 
filed with the secretary. 

3. Competitive bids. Contracts for the erection or repair of schoolhouses, 
or for material for the same, exceeding $300, cannot be entered into until 
proposals have been published at least twenty-eight days. 

4. Lowest bidder. The board is sole judge as to what constitutes the 
lowest responsible bidder. If the contract is regular in other respects, a 
court would not be likely to interfere, although lower bids in amount were 
offered and rejected by the board. 

5. Failure to contract— new bids. In case of failure to close the contract 
with the bid accepted under an advertisement, if it is desired to make a new 
attempt to contract, it will be necessary to advertise anew for bids. 

6. Contract— terms of. Contracts must, in all cases, be made according 
to the instructions and directions of. the board, and after being made they 
should be reviewed by the board before any work is done. 

7. Accepting work. When a schoolhouse is built or repaired under con- 
tract, the board should not neglect to examine the work carefully in order to 
determine that the contract has been fully complied with, before it directs 
the payment of money. 

8. Rights of surety. The surety has the right to stand upon the terms 
of the original contract, and any material change therein without his con- 
sent, affecting the subject-matter of the contract even to a slight degree, will 
exonerate him. 50 Iowa, 9 8. 

9. Amoimt of surety. The aggregate amount to which the sureties are 
required to qualify is double the amount of the bond required. Code, sec- 
tion 3 58. 

10. A member should not be surety. As a rule it is unsuitable for a 
member of the board to become a surety for an officer of the board, or to 
appear as surety upon any other bond which is to receive the approval of the 
board. 

11. In violation of law. Contracts made in violation of the terms of this 
section are illegal. Their fulfillment may be prevented by injunction. 

12. 'No partnership. The district may not form a partnership in building 
a schoolhouse. But this does not prevent its receiving donations. 

13. Exempted, District property is exempt from general taxation, from 
execution, from garnishment, and from mechanic's lien. 51 Iowa, 70. 

14. Tax anticipated. When a schoolhouse tax has been voted, the board 
may anticipate its levy and collection and issue orders to build. Such orders 
may not bear a 'higher rate of interest than six per cent. 5 Iowa, 102. 

15. Condemnation of schoolhouse. The local board of health has un- 
doubted right to condemn and close for use as a schoolhouse a building unfit 
for such purpose. Section 2 56 8. 

16. Unappropriated funds— use. Any unappropriated schoolhouse fund 
in the district treasury may be used for the erection or repair of school- 
houses, at the discretion of the board, without action of the electors. 

17. Lightning I'od. A lightning rod may be supplied as a part of a new 
house, and paid for from the schoolhouse fund. 51 Iowa, 432. 

18. School buildings — delegating power. Under the statute making it 
the duty of the board of a school township to select the site, adopt the plans 
for the erection of the schoolhouse, and award the contracts for the building 



SCHOOL LAWS OP IOWA 67 

thereof, the board cannot delegate such powers to a committee appointed 
by it. Kinney v. Howard, 133 Iowa, 94. Decisions, 111. 

19. Indebtedness. Boards should not involve the district in an indebted- 
ness for tlie erection of schoolhouses by contracts and the issue of orders to 
exceed tlie amount voted by the electors, or of available sclioolhouse funds. 

20. Transfer of funds. Unappropriated schoolhouse funds may be dis- 
posed of by the electors, under section 274 9, for improvements, such as 
fencing schoolhouse sites, providing wells, etc., or the same may be trans- 
ferred to either the teachers' or contingent fund, and the board is required to 
carry out the vote of the electors. 

21. Contracts — damages for noncompliance — defense. A building con- 
tractor Avho undertakes to erect a building at a certain time of the year, and 
to do the work in a first class manner, will not be heard to say that defects 
therein are because of constructjon at that season. The inclemency of weather 
in no way relieves him of his contract. 

22. Building contracts — abandonment — completion — architect's certifi- 
cate — liens. 125 Iowa, 2 27; 12.5 Iowa, 2 83. 

23. Preventing performance of illegal contract. 78 Iowa, 37; 107 Iowa, 
29; 117 Iowa, 694. 

24. Confirmation of contract. 7 Iowa, 509; 50 Iowa, 100; 67 Iowa, 164; 
116 lov/a, 27 5; 117 Iowa, 319; Richards vs. School township of Jackson, 
132 Iowa, 612. See note 10, section 2783. 

Sec. 2780. Allowance of claims — settlements — compensation of offi- 
cers. It shall audit and allow all just claims against the corporation, 
and no order shall be draAvn upon the treasury until the claim therefor 
has been audited and alloAved; it shall from time to time examine the 
accounts of the treasurer and make settlements with him ; shall present 
at each regular meeting of the electors a full statement of the receipts 
had and expenditures made since the pi^eceding meeting, with such other 
information as may be considered important ; and shall fix the compen- 
sation to be paid the secretary and treasurer. But no member of the 
board shall receive compensation for official services. [C. '73, §§ 1732-3, 
1738, 1813; R., §§ 2037-8; C. '51, §§ 1146, 1149.] 

Notes: 1. Examine contracts. It is the duty of the board to examine 
all contracts for the employment of teachers, the construction of school- 
houses, or for any other purpose, and to see that the stipulations have been 
complied with, before directing the payment of money thereon. 

2. Pay monthly. The board may authorize the president and the secre- 
tary to draw warrants for the payment of teachers' salaries at the end of 
each school month, upon proper evidence that the service has been per- 
formed, but the order for wages for the last month should not be drawn 
until the report required by this section is filed in the office of the secretary. 

3. Auditing — responsibility. If the board audits a claim and directs 
orders drawn, the officers of the board will be warranted in following 
the direction of the board, unless it is clearly manifest that an attempt 
is being made to violate a plain provision of law. The responsibility in such 
a case rests very largely with the board. 

4. Financial statement. This section contemplates that a full report of 
the affairs of the district shall be made by the board at each annual meet- 
ing of the electors. This work appropriately devolves upon the secretary, 
unless the board designates otherAvise. When practicable the report may be 
published in a newspaper. See section 27 81. 

5. Orders — when void. An order issued on a claim which has not been 
audited and allowed is void. 39 Iowa, 490. 

6. Compensation. Only the secretary and the treasurer may receive^ com- 
pensation for the discharge of duties required by law. The evident intent 



68 SCHOOL LAWS OF IOWA 

of the law is that no member of the board may receive pay out of the funds 
of the district for any work done for the district in any capacity whatever. 
87 Iowa, 81. 

7. Contracts with members. A court would be likely to hold a contract 
made with a member of the board, to be in violation of the law, contrary to 
public policy, and void. 87 Iowa, 81. 

8. Must refuse to become a member. If a person desires to secure pay 
from the district there seems to be no other way than for him to refuse to 
become a member of the board, or if a member, to resign from the board. See 
notes 6 and 7 above. 

9. Electors may not vote compensation. It is not within the power of 
the electors to vote compensation or remuneration of any kind to the 
members of the board or to officers of the board, for their official services. 
Nor may the board vote compensation to any member. 

10. Official trust not delegated. The official trust of a member of the 
board may not be delegated. It is apparent that as there is no way in 
which a member may receive compensation for discharging official duties, 
he may not contract with another person to be paid from the district 
funds for performing the same services as a substitute for the member of 
the board. Kinney v. Howard, 133 Iowa, 94. 

Sec. 2781. Financial statement. It shall publish in each independ- 
ent city or town district tvs^o weeks before the annual school election, 
by one insertion in one or more newspapers, if any are published in such 
district, or by posting up in writing in not less than three conspicuous 
places in the district, a detailed and specific statement of the receipts 
and disbursements of all funds expended for school and building pur- 
poses for the year preceding such annual election. And the said board 
of directors shall also at the same time publish in detail an estimate of 
the several amounts which, in the judgment of such board, are neces- 
sary to maintain the schools in such district for the next succeeding 
school year. [C. '73, §§ 1734-5, 1756; R., §§ 2037, 2054; C. '51, § 1147.] 

Notes: 1. Statement. This statement should show in detail the receipts 
and expenditures for each fund, followed by an estimate of the amount re- 
quired for each fund, to maintain the schools for the ensuing year. 

2. Items. The detailed and specific statement for the receipts and dis- 
bursements of all funds expended, should be sufficiently itemized to show the 
amount received from each separate source, and the amount expended for 
each particular purpose. 

3. Purpose. This statement is for the information of the electors, but 
they should not vote upon the amount of tax to be levied for contingent and 
teachers' funds, as these amounts are determined by the board. Section 
2806. 

4. Publication. The board must have the statement published at least 
once in a newspaper, if one is printed in the district or have it posted in at 
least three public places. This publication should be made two weeks be- 
fore the annual school election. 

5. Expense. The fee for printing the statement is fixed by law. Code, 
section 1293. 

6. Minute details. In preparing the annual statement for publication, 
minute details of all the items need not be given. This would render it 
uselessly troublesome to prepare, and expensive to publish. Such general 
results and classified items as will enable the electors fully to comprehnd the 
procedings of the board, are all that the law requires. The statistics of 
the school may be added if the board thipks proper-, but the law does not 
require it. 



SCHOOL LAWS OF IOWA 69 

Sec. 2782. Visiting schools — regulations — discharge of teacher — 
expulsion of scholar. It shall provide for visiting the schools of the 
district by one or more of its members and aid the teachers in the 
government thereof, and enforcing the rules and regulations of the 
board. It may, by a majority vote discharge any teacher for incom- 
petency, inattention to duty, partiality, or any good cause, after a full 
and fair investigation made at a meeting of the board held for that pur- 
pose, at which the teacher shall be permitted to be present and make 
defense, allowing him a reasonable time therefor. It may by a major- 
ity vote expel any scholar from school for immorality or for a violation 
of the regulations or rules established by the board, or when the pres- 
ence of the scholar is detrimental to the best interests of the school, and 
it may confer upon any teacher, principal or superintendent the power 
temporarily to dismiss a scholar, notice of such dismissal being at once 
given in writing to the president of the board. When a scholar is dis- 
missed by the teacher, principal or superintendent, as above provided, 
he may be re-admitted by such teacher, principal or superintendent, 
but when expelled by the board he may be re-admitted only by the 
board or in the manner prescribed by it. [C. '73, §§ 1734-5; R., §§ 2037, 
2054; C. '51, § 1147.] 

Notes: 1. Visitation. A conscientious compliance with the requirements 
regarding visitation would greatly increase the efficiency of the schools. 
There are very many things that may be best ascertained by visiting the 
school, inspecting the work of the pupils, and conversing with the teacher. 
The teacher can accomplish the best results only when he is sure of hearty 
co-operation and support. 

2. Power of board. Boards have entire control over the public schools 
of their district and the teachers employed therein. Sections 2745, 2772. 

3. Rules and regulations. Rules and regulations governing teachers and 
scholars may be adopted and enforced by the board, as the best interests of 
the schools may seem to require. Decisions, 17 and 38. See notes 23 and 
24, section 2772. 

4. Termination of force of regulations. The force and effect of any 
motion adopted by the board does not terminate with a change of officers 
or members, but remains in force until repealed. 35 Iowa, 361. 

5. Teacher as agent of the board. The teacher is the agent of the board, 
and rules made by him and enforced with either formal or tacit consent are 
in effect the rules of the board. 

6. Jurisdiction of principal. If it is understood that the principal of 
a school has charge of other rooms besides his own, he has the same power 
in managing the children that is by law given to other teachers. Section 
2776. 

7. Privilege of the public schools conferred by statute. The privilege of 
of free instruction in the public schools is one conferred by legislative 
enactment, under constitutional direction, and the privilege is subject to 
legislative regulation. The right to attend school is not absolute, but is con- 
ditional upon compliance with the rules and the essential conditions. Sec- 
tion 2773. 

8. Dismissal of pupils. A teacher may dismiss a pupil temporarily. Final 
disposal of the case, however, rests with the school board. 

9. Responsibility of teacher. The teacher may be held responsible for the 
efficient discharge of every duty properly attached to his office, including 
the exercise of due diligence in the oversight and preservation of school 
buildings, grounds, furniture, apparatus, and other school property, as well 
as the more prominent work of instruction and government. 



70 SCHOOL LAWS OF IOWA 

10. Damage — liability of teacher. Parties doing damage to school prop- 
erty are responsible for the same. The teacher is bound to exercise reason- 
able care to protect and preserve school property, and failing to do so may be 
held liable for damages. Sections 2772-2778. 

11. Corporal pimishmeut permitted. If the rules and regulations of the 
board do not provide otherwise the teacher has the right in proper cases 
to inflict corporal punishment upon refractory scholars. In the proper exer- 
cise of his authority, to maintain good order, and to require of all the 
scholars a faithful performance of their duties, the teacher is entitled to 
the support and co-operation of the board. 

12. Kind of punishment. In the choice of a kind of punishment and in 
the selection of an instrument, as well as in determining the degree of pun- 
ishment to be administered, the teacher must exercise a sound discretion. 

13. Punishment — a last resort. Corporal punishment is best reserved 
as a last resort and should be used only when it is believed that no other 
gentler measure will secure the reformation of the offender. Dismissal from 
school by the proper authority is a still more extreme remedy than corporal 
punishment. 45 Iowa, 248. 

14. Schoolhouses — condition of. It is the duty of the board to see that 
schoolhouses are kept in repair, clean, and in good order for school use. 
Neither the teacher nor the scholars should be expected to scrub or wash out 
the schoolhouse. The light sweeping of daily use is often done by them on 
their own motion, but this cannot be required of the scholars, nor of the 
teacher unless he contracts to take special care of the house in such respects. 

15. Cleaning schoolhouse. The board should have the schoolhouse cleaned 
as frequently as it needs such attention in order to keep it in good order for 
school use. No member of the board may receive pay for such work, but any 
other person may be paid from the contingent fund. 

16. Janitor — teachers — pupils. Janitor work cannot be required of the 
teacher unless an agreement to do the same has been made a part of the 
contract, and neither the teacher nor the board may require that such work 
hall be done by the pupiils. If a scholar has made unnecessary litter in the 
schoolroom or about his seat he may be required as a punishment to sweep up 
the same. But this is quite another matter than doing the ordinary janitor 
work. 

17. Janitor work — contract. Making fires and sweeping the school- 
room are not, properly, a part of the teacher's duties. In rural districts 
teachers frequently perform this labor as a matter of convenience and econ- 
omy. Those unwilling to do this work, or who expect to receive pay for it, 
should so stipulate when entering into the contract to teach. Section 2778. 
Decisions, 30. 

18. Holidays. It is lawful and quite usual for a board to give teachers 
holidays and make no deduction from their wages. The teacher, however, 
may not claim it as a right. 

19. Teacher entitled to compensation. If a teacher is at the schoolhouse 
at the proper time, and remains during school hours, he is entitled to pay 
therefor, according to his contract, whether scholars are present or not. 

2 0. Epidemic- — closing school. As a rule it is highly undesirable to close 
a school on account of an epidemic but if the local board of health or the 
board of directors, closes a school on account of the presence of a con- 
tagious disease, or for like reason, the teacher is entitled to pay for such 
time according to his contract. 

21. Damages for closing. When a school is closed for a short time, 
for causes beyond the control of the teacher, the courts will be likely to hold 
that the teacher is entitled to his pay according to the terms of his contract. 
Such cases are best settled by compromise between the parties. Note 16, 
section 2778. 

22. Closing — loss made good. If the schoolhouse is destroyed, or the 
school is closed indefinitely by causes beyond the control of either party to 
the contract, the teacher being ready to comply with his part, can collect pay 



SCHOOL LAWS OF IOWA 71 

according to contract. If said teachei- uses proper diligence to secure em- 
ployment at sometliing which he can do, and secures such employment, the 
district will pay him the difference between the amount received in his new 
work and the amount of his wages under the contract. In other words, his 
actual loss should be made good. Opinion of attorney general. 

23. Duty to teachers. Teachers are entitled to the support and co-opera- 
tion of the board. It is alike due to the dignity of the board and the rights 
of the teacher that no one should be discharged except after thorough investi- 
gation and the clearest proof. If possible the teadher should be shielded from 
the stigma of discharge. 

24. Dismissal of teacher — how. In the trial of a teacher, when it is 
sought to dismiss him, all the provisions of law must be strictly complied 
with. The board must allow the teacher to make a full defense, and the 
teacher may appear by attorney or otherwise, as he chooses. Decisions, 103. 

25. Dismissal of teacher — for what. Boards may dismiss teachers only 
for good cause shown. In case the board passes an order to dismiss, the ma- 
terial reason therefor should be spread upon the record, for, while in case of 
contest, these reasons would not be conclusive against the teacher, the board 
would be estopped from presenting other reasons than those named in the 
record. Decisions, 86, 116. 

26. Discharge of teacher — tender of new place. The tender of a new 
place is no defense where it did not appear that plaintiff could have accepted 
such new position without modifying the original contract. 110 Iowa, 313. 
139 Iowa, 618. When it has been fully established that a teacher has been 
illegally discharged by a school board, he must perform or offer to perform 
his duties as teacher if he expects to collect salary. Park vs. Ind. School 

.Dist., 21 N. W., 567. 

27. Board as accuser and judge. In a trial of charges against a teacher 
by the board of directors it was not objectionable on the ground that they 
were accusers rather than judges, and because of their prejudice, since they 
constitute the only tribunal authorized to try such charges. 113 Iowa, 236. 

28. Tender of resignation — merely an offer. The tender of a resignation 
by a teacher, under contract to teach in a certain district, being a mere offer, 
is not binding on either party to the contract until accepted, and it may be 
withdrawn at any time before it is acted on by the district board. Ill Iowa, 
20. 

29. Retention of resignation not acceptance. The retention of a tender 
of resignation does not constitute an acceptance. Ill Iowa, 20. 

30. Abandonment of contract. The filing of a tender of resignation is 
not an abandonment of contract. Ill Iowa, 20. 

31. Discharge of teacher. Accepting a resignation that has been withdrawn 
is not a discharge as provided under section 2782. Ill Iowa, 20. 

32. Hearing without notice — a nullity — second trial. 113 Iowa, 236. See 
also 52 Iowa, 587. 

33. Refusal of board to reinstate immaterial. 113 Iowa, 236. 

34. Date of hearing delayed by Injunction. 113 Iowa, 236. See also 110 
Iowa, 652. 

35. Teacher may appeal. When a teacher is unjustly dismissed, an appeal 
may be taken from the action of the board in dismissing him, but a suit 
at law must be brought, if he seeks to recover his pay upon the contract. 
The teacher should be paid only to the date of legal dismissal. 53 Iowa, 585; 
100 Iowa, 328. 

36. Action of board — weight of. The order of the board discharging or 
refusing to discharge a teacher is more largely a discretionary than a judicial 
act. In this, as in other matters, the very large discretionary powers of the 
board must be respected, and on appeal their conclusion may not be ques- 
tioned without the most convincing testimony. 

3 7. Contract terminated by discharge. The contract with the teacher may 
be terminated by discharge after the investigation provided for in this sec- 
tion, by revocation of certificate, or by mutual agreement between the 
parties. 



72 SCHOOL LAWS OP IOWA 

38. Teacher — habits of. By universal consent, and certainly by the spirit 
of our school law, it is expected of teachers that they refrain from improper 
language, keep the Sabbath day with respect, and in every other way avoid 
practice or company that are demoralizing in their tendencies. 

39. Dismissal — the only method. This section provides the only manner 
in which a teacher may be discharged, and the parties to the contract should 
not attempt to provide any other method of terminating the contract. A dis- 
charge by any other method is illegal. 82 Iowa, 686. 

40. Certificate — attack of. The certificate being in the nature of a com- 
mission cannot be attacked collaterally. 

41. Obligations — reciprocal. The obligations between the parties to a 
contract to teach are reciprocal. A teacher would have good cause to com- 
plain if a board desired to remove him because it had an opportunity to 
secure a better teachers. Yet in such case If an agreement can be made, 
anulling the contract, such arrangement would be legal. But the teacher 
may insist that the board keep its part of the contract in the same spirit that 
■he intends to keep his part. The same is true if it is the teacher who desires 
to have the contract annulled. 

42. Vaccination. The regulations of the state board of health require 
every person entering any public school to give satisfactory evidence of pro- 
tection by vaccination. Boards of directors and local boards of health also 
have the power to require all persons who desire to attend the public schools 
to furnish evidence of successful vaccination. 

43. Exclude children — when. The board should exclude children coming 
from houses where there are contagious diseases, and may enforce the rule 
that children not vaccinated shall not be admitted until they conform to the 
regulation demanding such protection. 

44. Government of schools. The board has full control in all matters 
relating to the government and welfare of the schools. A scholar subject to 
fits or spasms may be excluded from school by the majority of the board, 
if the presence of such scholar is thought to interfere materially with the 
progress of the school. Any one aggrieved by the exclusion of such scholar 
has the remedy to appeal to the county superintendent. See note 8, section 
2804. 

45. Comply and co-operate with board of health. It is the duty of every 
board of directors to co-operate with the local board of health in encourag- 
ing the vaccination of all school children not already protected by vaccina- 
tion. The board of directors may not compel vaccination, but the majority 
vote- of the board will exclude from the schools any one who will not 
comply with such reasonable rule of the board of health. 

46. When parent objects. The board will be justified in refusing to per- 
mit the attendance of a child whose parent will not consent that the scholar 
shall obey the rules of the school. 31 Iowa, 562, and 50 Iowa, 145. 

47. Right to attend. The right to attend school is not absolute, but is 
conditional upon compliance with the rules and regulations of the board. 

48. Board may not adopt rule. A board may not adopt a rule which will 
deprive a child of school privileges, except as punishment for breach of 
discipline or an offense against good morals. 56 Iowa, 476. 

49. Reasonable and proper rule defined. Any rule of the school, not 
subversive of the rights of the children or parents, or in conflict with hu- 
manity and the precepts of divine law, which tends to advance the object of 
the law in establishing public schools, must be considered reasonable and 
proper. 31 Iowa, 562. 

50. Absent or tardy — rules concerning. It is competent for boards to 
provide by rules that pupils may be suspended from the schools in case they 
shall be absent or tardy a certain number of times within a fixed period, ex- 
cept for sickness or other unavoidable cause. 31 Iowa, 562. 

51. Keeping child out of school. The parent has no right to interfere 
with the order or progress of the school by detaining his child at home, or by 
sending him at times that prove an annoyance or hindrance to others. 31 
Iowa, 562. 



SCHOOL LAWS OF IOWA 73 

52. Acts done out of school — jurisdiction of board. If the effects of acts 
done out of school hours reach within the schoolroom during school hours, 
and are detrimental to good order and the best interests of the pupils, it is 
evident that such acts may be forbidden. 31 Iowa, 562. 

53. Expulsion of pupil — notice. The law does not require the board to 
give a scholar or his parents notice or chance for defense, before ordering his 
suspension or expulsion. The board has large discretionary powers. This 
is one of the matters wholly within its discretion. But it would be well for 
the board carefully to investigate the charges, before dismissing any scholar. 
Decisions, 3 8 to 107. 

54. Suspension. Suspension is the separation of the scholar from the 
school for a limited time, and it may be either for bad conduct, for unneces- 
sary absence or tardiness, or as a sanitary measure. For good cause, a teacher 
may suspend without fixing the time, notice being also given at once to the 
board. 

55. Time of suspension should be indicated. The period of time fixed by 
the board during which suspension or expulsion shall be in force, should be 
clearly indicated in the vote of the majority of the board, as spread upon 
the records. Conditions upon which earlier re-admission is provided for, may 
very properly be given in the same connection. 

56. When presence detrimental. The true idea is to bring all within the 
salutary influence of the school, and to drive none out, but cases sometimes 
occur in which it becomes necessary for the board to protect the rights of the 
many by excluding a scholar whose presence and example are a constant 
menace to the successful progress of the school. 

57. Depriving of recess. The teacher has control over scholars during 
school hours, subject to the regulations of the board. He may require a 
scholar to remain in his seat during recess as a punishment. However, it is 
not wise to deprive children to any great extent, of the exercise necessary to 
their physical well-being. If recess is denied it could be given later thus 
avoiding difllculty. 

58. Control of pupils during intermission. The teacher has as full control 
over scholars during recess as at other times within the school hours fixed 
by the board. 

59. Punishment. The teacher may, for the maintenance of his authority 
and the enforcement of discipline, legally inflict chastisement upon a pupil. 
The punishment should, however, be inflicted only for some deflnite offense 
which the pupil has committed, and the pupil should be given to understand 
what he is being punished for. 50 Iowa, 145; 45 Iowa, 248. 

60. Oversight of pupils. Teachers should exercise watchful care and 
oversight as regards the conduct and habits of their scholars, not only during 
school hours, recesses and intermissions, but also within reasonable limits 
while they are coming to and returning home from school. 

61. Teacher may dismiss. For good cause, a teacher niay dismiss a 
scholar from school work without fixing the time, and require him to leave 
the school premises, notice being also at once given to the director or to the 
president of the board. 

62. Responsibility of teacher. The teacher is responsible for the dis- 
cipline of his school, and for the progress and deportment of his scholars. It 
is his imperative duty to maintain good order and require of all a faithful 
performance of their duties. If he fails to do so he is unfit for his position. 
To enable him to discharge these duties effectually, he must necessarily have 
the power to enforce prompt obedience to his requests. For this reason the 
law gives him the power, in proper cases, to inflict punishment upon re- 
fractory scholars. Decisions, 17. 

63. Punishment adapted to offense. In applying correction, the teacher 
must exercise sound discretion and judgment, and should choose a kind of 
punishment adapted not only to the offense, but to the offender. Corporal 
punishment is a severe remedy, and its use should be reserved for the baser 
faults. Decisions, 17. 



74 SCHOOL LAWS OF IOWA 

64. Expulsion vs. corporal punishment. In 50 Iowa, 145^ the suggestion is 
made that expulsion by the board rather than severe corporal punishment by 
the teacher, is a good remedy in case of repeated and continuous violation of 
the rules, 

65. Obedience essential. In the school as in the family there exists on 
the part of the children the obligation of obedience to lawful commands, 
subordination, civil deportment, respect for the rights of others, and fidelity 
to duty. These obligations are inherent in any proper school system, and con- 
stitute the common law of the school. Every scholar is presumed to know 
this law, and be subject to it, whether it has or has not been by the board 
placed in the form of written rules and regulations. 

66. Power to make a rule — how determined. See note 43, section 2772. 

67. Course of study — rules and regulations — ^temporary oflScers. See sec- 
tion 2772. 

68. Compulsory attendance. Sections 2 82 3-a to 2823-i. 

69. Appeal — wi'ongfulness of discharge determined. Note 2 9, section 
2818. 

70. Appeal — when necessary. Note 35, section 2818. 

Sec. 2783. Use of contingent fund — free text-books. It may pro- 
vide and pay out of the contingent fund to insure school property such 
sum as may be necessary ; and may purchase dictionaries, libra,ry books 
including books for the purpose of teaching vocal music, maps, charts 
and apparatus for the use of the schools thereof to an amount not ex- 
ceeding twenty-five dollars in any one year for each schoolroom under 
its charge ; and may furnish school books to indigent children when they 
are likely to be deprived of the proper benefits of school unless so 
aided ; and shall, when directed by a vote of the district, purchase and 
loan books to scholars, and shall provide by levy of contingent fund 
therefor. [30 G. A., ch. 115; 26 G. A., ch. 37; 25 G. A., ch. 34; 21 G. 
A., ch. 107; 19 G. A., ch. 149, § 1; C. '73, § 1729.] 

Notes: 1. Insuring property. This section confers upon all boards the 
right to insure school property, and this duty should not be neglected. Insur- 
ance of school property may be effected either in a stock or mutual company 
which is legally authorized to do business in the state. Code, section 1759. 

2. Records and supplies. Purchase of records, dictionaries, apparatus 
and similar supplies for the use of the district may not be made by contract 
under section 2824, but all such articles will be bought under this section. 
Note 4 to section 2824. 

3. Necessary' expenses. Definite provision should be made by the board 
for the usual necessary contingent expenses of the schools during the year, 
before contingent fund is taken to purchase any of the articles named in 
this section. Section 2768. 

4. Patriotism. There can be no doubt that one of the purposes of the 
school is to teach patriotism to the children. The board may use available 
contingent funds to purchase a fiag to be used as apparatus in the schoolroom, 
on the school building, or upon the school grounds. 

5. When not in session. A purchase of apparatus made with the consent 
of the board when not in session, is a clear violation of the law, but acceptance 
and retention of the benefits by the district may make it liable under the 
contract. 117 Iowa, 319; 117 Iowa, 694; 70 Iowa, 320; 13 Iowa, 555. 

6. liiabillty of members. Members of boards giving orders for apparatus 
in their individual capacity assume personal responsibility and may thus ren- 
der themselves liable for payment as individuals unless it appears that the 
purchase was for the benefit of the school corporation. 117 Iowa, 319. 

7. Prearrangement not binding. The members of a school board cannot, 
by a prearrangement or contract entered into when not in session, bind them- 



SCHOOL LAWS OP IOWA 75 

selves afterwards to ratify or confirm a contract or engagement thus entered 
into. The distinction here is that while a board, in session, may ratify a 
contract made out of session, the members cannot individually bind them- 
selves to do so. 117 Iowa, 319. 

8. Vi'vo text books. These provisions afford all districts the opportunity 
to supply free books, so that every indigent child may continuously enjoy the 
privileges of school. It is believed that if districts will take action in accord- 
ance with the spirit of the law, the percentage of attendance at school can be 
materially increased, and the usefulness of owr schools to all the children 
greatly enhanced. See sections 2836, 2837. 

9. Purchase of supplies — warrant — when void. A warrant executed by 
the president and secretary of a school board without the authority of the 
rest of school board, in payment for school supplies contracted for by a ma- 
jority of the board (when not in session), is void. 117 Iowa, 319; 109 N. W., 
1093. 

10. Confirmation of contract. The defeating of a motion to refuse to 
accept supplies (order by a majority of the members of the board when 
not in session) was a confirmation of, and approval of the order. 117 Iowa, 
319. See also 116 Iowa, 275; 7 Iowa, 509; 50 Iowa, 100; 67 Iowa, 164; 
109 N. W., 1093. 

11. Books, maps, apparatus, indebtedness. Section 2783, code 1897, per- 
mits a school board to charge the contingent fund with an indebiedness in ex- 
cess of the unappropriated money on hand, but the amount may not exceed 
twenty-flve dollars for each regular school. 118 Iowa, 540; 116 Iowa, 275; 
117 Iowa, 319. 

Sec. 2784. Water-closets. It shall give special attention to the 
matter of convenient water-closets or privies, and provide on every 
schoolliouse site, not within an independent city or town district, two 
separate buildings located at the farthest point from the main entrance 
to the schoolhouse, and as far from each other as may be, and keep them 
in wholesome condition and good repair. In independent city or town 
districts, where it is inconvenient or undesirable to erect two separate 
outhouses, several closets may be included under one roof, and if out- 
side the schoolhouse each shall be separated from the other by a brick 
wall, double partition, or other solid or continuous barrier, extending 
from the roof to the bottom of the vault below, and the approaches to 
the outside doors for the two sexes shall be separated by a substantial 
close fence not less than seven feet high and thirty feet in length. [25 
G. A., ch, 3.] 

Notes: 1. Provisions mandatory. This provision of the law requiring 
it to take special pains with regard to outbuildings is mandatory upon every 
board. A director may not refuse to carry into effect instructions from the 
board with regard to such a matter. And a board refusing to give attention 
to the subject risks a censure from a court if its failure or refusal to provide 
proper facilities as regards privies or water-closets is brought to the attention 
of a court. See also section 2822. 

2. Defacing public property. If any person wilfully write, make marks, 
or draw characters on the walls or any other part of any church, college, 
academy, schoolhouse, courthouse or other public building, or on any furni- 
ture, apparatus or fixtures therein; or wilfully injure or deface the same, or 
any wall or fence enclosing the same, he shall be fined not exceeding one 
hundred dollars, or imprisoned in the county jail not more than thirty days. 
Code, section 4802. 

3. Teacher's duty. Very much depends upon teachers to determine the 
manner in which this law is observed. A listless indifference, a half-hearted 



76 SCHOOL LAWS OF IOWA 

activity, a want of confidence, will defeat the purpose of the law for the time 
at least. Serious consideration, a high-minded approbation of its intention, 
a courageous insistence upon its observance, together with untiring attention 
and frequent inspection, will make the law a continued success. No con- 
scientious teacher will be irresolute, when the Immeasurable interests involved 
are regarded. 

4. May invoke assistance of peace ofllcers. Teachers should not hesitate 
to bring the case of persistent offenders to the attention of the board. As a 
last resort it may become necessary for the board to invoke the assistance of 
the peace officers. It sometimes happens that nothing less than a strong arm 
of the civil authorities is able to compel a respect for law, and a decent regard 
for the rights of others. No community may justly claim to be a moral people, 
who knowingly fail to guard and preserve the purity, the morals, and the 
health, of its children and youth. 

Sec. 2785. Duties of director — contracts. The board of directors 
of a school township may authorize the director of each subdistrict, sub- 
ject to its regulations, to make contracts for the purchase of fuel, the 
repairing or furnishing of schoolhouses, and all other matters necessary 
for the convenience and prosperity of the schools in his subdistrict. 
Such contracts shall be binding upon the school township only when 
approved by the president of the board, and must be reported to the 
board. Each director shall, between the first and fifteenth days of 
June in each year, prepare a list of the heads of families in his sub- 
district, the number and sex of all children of school age, and by the 
twentieth day of said month report this list to the secretary of the 
school township, who shall make full record thereof. The powers spe- 
cified in this section cannot be exercised by individual directors of inde- 
pendent districts. [31 G. A., ch. 136, § 9; C. 73, §§ 1753-5; R., §§ 
2052-3; C. '51, §§ 1124, 1142.] 

Notes: 1. Powers — how exercised. It is a general statement that nearly 
all the powers of the director are to be exercised under the regulations of the 
board. Any person about to contract is bound to know what restrictions have 
been made, and should be governed accordingly. 

2. Director — power of. The director is clothed with certain general pow- 
ers by this section, but these are to be exercised under the direction of the 
board. The board must instruct him, for example, as to the extent of repairs, 
and prices to be paid for same, and the amount and cost of fuel. 

3. Powers jwssessed by officers. School officers are possessed of specially 
defined powers and should attempt to exercise no others, except such as arise 
by fair implication from those granted. 110 Iowa, 652. 

4. Director may not contract. No director has authority to make a con- 
tract in behalf of the school township, except under specific instructions of 
the board. 

5. Approval of contracts. All contracts made by the director must be 
approved by the board and signed by the president. 

6. Liability of director. If a director intentionally violates law he becomes 
personally liable. 14 Iowa, 510; 17 Iowa, 155; 24 Iowa, 337; and 38 Iowa, 47. 

7. Liability of agent. If an agent makes a valid contract without authority, 
he is himself bound thereby. 37 Iowa, 314. 

8. Member may not receive compensation. It is a violation of law for 
a board to pay any member of the board for labor as a building committee, 
for attendance at meetings, or for any other service performed for the district 
whether official in character or not. Section 2780. 

9. Member may not be employed at compensation. A member may not 
be employed by the board to oversee the building of a schoolhouse and re- 
ceive pay therefor, or to act in any like capacity for which he would be paid 



SCHOOL LAWS OF IOWA 77 

from the funds of the district. Sucli engagement is contrary to public policy 
and clearly illegal. 7 8 Iowa, 3 7, and 87 Iowa, 81. 

10. Approval of contract. It is the duty of the director to file any con- 
tract at once with the president of the board, who should submit the same to 
the board for approval. 

11. Enumeration record. A record book containing the enumeration cor- 
rectly filled out will be of much assistance to the director each year. Form 32. 

12. Where enumerated. Minor children at a state institution, or a private 
school, should be enumerated where their parents or guardians reside. 

13. Failure to enumerate. The failure of a director to make the report, 
as required by this section, will reduce the semi-annual apportionments for the 
year, since they are made upon the enumeration of persons of school age. 
Section 2808. 

14. Director report. In school townships the secretary should require 
the director of each subdistrict to make this report promptly, and should insist 
that it be made in writing, and certified to be correct. Directors in inde- 
pendent districts do not take the enumeration. 

15. Wilful failure. A wilful failure or refusal on the part of the director 
to make the report to the secretary as required may be found by the 
courts to be a misdemeanor. Code, section 4904, and section 2822. 

16. Duty of secretary. In case a director fails to make his annual report 
as required the secretary should at once collect the statistics necessary for 
a complete report. The board should insist on promptness in preparing this 
report, and then should give the secretary a suitable compensation for his 
labors. Section 2764, 2765. 

Sec. 2786. Industrial exposition. The board of any school cor- 
poration or the director of any subdistrict deeming it expedient may, 
under the direction of the county superintendent, hold and maintain an 
industrial exposition in connection with the schools of such district, such 
exposition to consist in the exhibit of useful articles invented, made or 
raised by the pupils, by sample or otherwise, in any of the departments 
of mechanics, manufacture, art, science, agriculture and the kitchen, 
such exposition to be held in the schoolroom, on a school day, as often 
as once during a term, and not oftener than once a month, at which the 
pupils participating therein shall be required to explain, demonstrate 
or present the kind and plan of the articles exhibited, or give its method 
of culture ; and work in these several departments shall be encouraged, 
and patrons of the school invited to be present at each exhibition. [15 
G. A., ch. 64.] 

Sec. 2787. Shade trees. The board of each school corporation shall 
cause to be set out and properly protected twelve or more shade trees 
on each schoolhouse site where such trees are not growing. The county, 
superintendent, in visiting the several schools of his county, shall call 
the attention of any board neglecting to comply with the requirements 
of this section to any failure to carry out its provisions. [19 G. A., 
ch. 23.] 

Notes: 1. Trees should be planted. Trees should be set out on all school- 
house sites where good, thrifty shade trees are not already growing, whether 
such site was secured by purchase, by lease, by gift, or by condemnation un- 
der sections 2814, 2816. 

2. Duty of county superintendent. County superintendents should not fail 
to call the attention of boards of directors to the provisions of this section. 
The annual Arbor Day affords a good opportunity for planting trees and 
otherwise improving the school grounds. 



78 SCHOOL LAWS OF IOWA 

3. Reporting. In reporting tlie number of shade trees on the school site, 
planted trees only should be reported. Section 2765. 

Sec. 2788. Teacher— qualifications. No person sliall be employed 
as a teacher in a common school which is to receive its distributive 
share of the school fund without having a certificate of qualification 
given by the county superintendent of the county in which the school is 
situated, or a certificate or diploma issued by some other officer duly 
authorized by law, and no compensation shall be recovered by a teacher 
for services rendered while without such certificate or diploma. [C. 
=73, § 1758; K., § 2062.] 

Notes: 1. Certificate necessary. The teacher must have a certificate 
during the whole term of school. He is not authorized to teach a single day 
beyond the period named in his certificate, nor to give instruction in any 
subject which he does not hold a valid credential to teach. In case of a 
violation of this section the county superintendent should promptly notify 
the oificers of the board. Section 2740. 

2. Without a certificate. If a person is teaching without a certificate any 
one interested in a legal sense may apply to a court for a writ to prevent the 
board from continuing such instruction, and to restrain the board from 
paying for the same. 

3. Illinois case. In an Illinois case a certificate was not obtained until the 
middle of the term. A new contract was entered into at that time to pay the 
teacher double wages for the remainder of the term. This was considered an 
attempt to do indirectly what there was no power to do directly, and there- 
fore the contract was held to be void, as was the original contract. 

4. Supply— payment of. In case of the temporary absence of the teacher, 
from sickness or other cause, the place should be supplied with some one duly 
authorized to teach. The supply should be paid by the teacher whose place 
is filled, unless other provision is made, either by regulation or contract. 

5. Rights of patrons. In case a person is employed or continued as a 
teacher in violation of law without a certificate, a resident of the district may 
sue out a writ of injunction restraining the person from teaching and the 
district from paying. Boards emplojang and paying such teachers are liable 
to prosecution under the provisions of the general statutes for misapplica- 
tion of funds. Code, sections 4904, 4906 and 2822. 

Sec. 2789. Keep register — ^report. Each teacher shall keep a daily 
register which shall correctly exhibit the name or the number of the 
school, the district and county in which it is located, the day of the 
week, month, year, and the name, age and attendance of each scholar, 
and the branches taught ; and when scholars reside in different districts 
separate registers shall be kept for each district, and a certified copy of 
the register shall immediately at the close of the school be filed by the 
teacher in the office of the secretary of the board. The teacher shall 
file with the county superintendent such reports and in such manner as 
he may require. [C. '73, §§ 1759-60; R., § 2062.] 

Notes: 1. Necessity of correct record. Every teacher uvould take great 
pains to keep the register required by this section very carefully, in order 
that the term report may be made out correctly. By doing so the secretary 
will be able to make his annual report with greater ease, and with added 
accuracy. All books and blanks necessary for keeping record of attendance 
and making reports to the board and to the county superintendent must 
be furnished by the board. 

2. Term report. The teacher should file a complete and accurate copy of 
the daily register with the secretary immediately after the close of the term 



SCHOOL LAWS OF IOWA 79 

or year. He is not entitled to final settlement until this is done. The 
secretary should insist on this report before drawing the warrant for the 
last installment of the wages. Without this report he cannot prepare his 
annual report as the law directs it to be made. The secretary should care- 
fully examine the report to see whether the record is complete in all re- 
spects. Form 34. 

3. Comply with directions of county .superintendent. It is the duty of 
every board to see that the teachers comply strictly with all requirements 
made by the county superintendent, as well as with all rules made by the 
board. Decisions, 56. 

4. Board may require rejiorts. It is v/ithin the power of the board to 
require such reports from teachers as seem desirable for the information of 
the board. It may require reports weekly, monthly, by the term, by the year, 
or all of these together. It is the duty of teachers to comply with the 
regulations of the board, so far as it is within the power of the teachers to 
do so. 

5. All teachers report. Every teacher in the county may be required to 
make such reports, agreeing with the spirit of the law, as the county super- 
intendent may request, in such form and at such reasonable time as the 
county superintendent may determine. 

6. In case of refusal. The continued refusal to comply with all uniform 
and reasonable regulations made by the county superintendent, or by the 
board, on the part of any one employed as a teacher, constitutes good cause 
for revocation or subsequent refusal of certificate, or for dismissal by the 
board. Sections 2734-u, 2782. 

7. Non-resident pupils. The record of attendance of non-resident pupils 
must be kept separate from that of those residing in the corporation. This 
does not mean that different books shall be kept. 

CORPORATIONS— ORGANIZATION— CHANGE OF BOUNDARIES 

See. 2780. New tov/nship. "When a new civil township is formed, 
the same shall constitute a school township, which shall go into effect 
on the first Monday in March following the completed organization of 
the civil township. The notices of the first meeting shall be given by 
the countv superintendent, and at su_ch meeting a board of three direc- 
tors shall' be chosen. [C. '73, § 1713.] 

Notes: 1. Purpose of the law. The design of the law is that civil and 
school township boundaries shall coincide as far as possible. Code, sections 
551, 552 and 2743. 

2. AVhen organized. A new school township is not organized until the 
month of March after an election of officers for the civil township. 

3. Boundaries of subdistriots. The boundaries of subdistricts lying wholly 
within the old or new school townships are not affected by the division of 
civil townships. 

4. When Fubdistricts are divided. When subdistricts are divided by 
changes in civil township boundaries, the boards should incorporate the sev- 
eral parts with other subdistricts, or otherwise provide for such territory, 
so that all entitled may vote at the following subdistrict election. In the 
absence of such action the territory properly belongs to the subdistrict which 
it adjoins, and the voters should be allowed to vote therein. 

Sec. 2791. Attaching territory to adjoining corporation. In any 

case Avhere, by reason of natural obstacles, any portion of the inhabi- 
tants of any school corporation in the .opinion of the county superin- 
tendent cannot with reasonable facility attend school in their own 
corporation, he shall, by a v/ritten order, in duplicate, attach the part 
thus affected to an adjoining school corporation, the board of the same 



80 SCHOOL LAWS OF IOWA 

consenting thereto, one copy of wliieli order shall be at once transmitted 
to the secretary of each corporation affected thereby, who shall record 
the same and make the proper designation on the plat of the corpora- 
tion. Township or county lines shall not be a bar to the operation of 
this section. [C. 73, § 1797.] 

Notes: 1. Natural obstacles — what constitutes. The natural obstacle 
must be a large stream unbridged, an impassable slough, the entire absence 
of a public highway, or some such natural insurmountable difRculty. 

2. Petition must allege obstacle. A petition which does not allege the 
existence of natural obstacles, and where, in fact, no such obstacles exist, 
is invalid. 62 Iowa, 616; 110 Iowa, 30. 

3. What not obstacles. Streams well bridged and distance are not natural 
obstacles in the contemplation of the law. 

4. Jurisdiction of county superintendent. As the county superintendent 
has original concurrent jurisdiction, an appeal cannot be taken from refusal 
by the board to accept the territory. 109 Iowa, 169. 

5. Assets and liabilities. When the boundaries of districts are changed 
the territory transferred carries with it a just proportion of all assets and 
liabilities of the district from which it is taken. Section 2802; 58 Iowa, 77; 
110 Iowa, 702. 

6. Attaching territory, natural obstacle. Acting, under section 2791 a 
division made on petition which does not allege the existence of such ob- 
stacles and where, in fact, no such obstacles exist is invalid. 110 Iowa, 30; 
109 Iowa, 169. 

Sec. 2792. Restoration, Where territory has been or may here- 
after be set off to an adjoining school township in the same or another 
county, or attached for school purposes to an independent district so 
situated, it may be restored to the territory to which it geographically 
belongs upon the concurrence of the respective boards of directors, and 
shall be so restored by said boards upon the written application of 
two-thirds of the electors residing upon the territory so set off or at- 
tached, together with a concurrence of the county superintendent and 
the board of the school corporation which is to receive back the terri- 
tory. [19 G. A., ch. 160 ; 18 G. A., ch. Ill ; C. '73, § 1798.] 

Notes: 1. Two methods. It will be noticed that two distinct and sep- 
arate methods are provided by this section. 

2. When take effect. The restoration may take effect at any time agreed 
upon, but if no agreement is made, it will take effect the following March. 
59 Iowa, 109. 

3. Assets and liabilities. When the boundaries of districts are changed, 
the territory transferred carries with it a just proportion of all assets and 
liabilities of the district from which it is taken. 58 Iowa, 77. Section 2802. 

4. Action on petition — mandamus. Where the law is mandatory in re- 
quiring a board to act upon a petition, the remedy for its refusal to do so 
is mandamus, and not appeal. 86 Iowa, 669. 

5. How test. Any conflict between districts with regard to boundaries 
will be best determined by the one aggrieved asking a court to restrain the 
county treasurer from paying taxes to the other district, on the ground that 
the district complaining is entitled to receive said taxes. 10 Iowa, 617. 

6. Restoration of territory. Code, section 2792, relating to severance 
(restoration) of territory of an independent school district, applies only to a 
restoration of territory attached to an independent district after its organiza- 
tion, and not to a portion embraced in the original district. Albin vs. 
Board of Directors, 58 Iowa, 77, reversed; 124 Iowa, 213. 



SCHOOL LAWS OF IOWA 81 

Sec. 2793. Boundary lines changed. The boundary lines of con- 
tiguous school corporations may be changed by the concurrent action 
of the respective boards of directors at their regular meetings in July, 
or at special meetings thereafter called for that purpose. The cor- 
poration from which territory is detached shall after the change con- 
tain not less than four government sections of land, and its boundary 
lines must conform to the lines of congressional divisions of land. In 
the same manner, the boundary lines of contiguous school corpora- 
tions may be so changed that one corporation shall be included in and 
consolidated with the other as a single corporation. [34 G. A., ch. 
142; 31 G. A., ch. 136, § 10; 22 G. A., ch. 62, § 1.] 

Notes: 1. County and township line not a bar. County and township 
lines are not a bar to a change of boundaries under section 2793. 

2. New boards necessary. Whenever a change is made in the boundary 
between two school corporations, both corporations must elect entire new 
boards at the next regular annual election. See attorney general, report 
1906, page 194. Note 22, section 2802. 

3. Change in boundaries — time. A change in the boundaries of school 
corporations may be made at any regular meeting, and as there 
is no prohibition against changing such boundaries between the time 
of giving notice of the election of directors on the first Monday in 
March and the date of such regular meeting, and in as much as 
a date between March and July would be after the previous regular 
July meeting, such boundaries could legally be changed between 
such dates the same as any other time between the dates of the regular 
meetings, provided 'a special meeting is called for that purpose between 
such dates.'" Opinion of the attorney general, November 20, 1911. 

4. Board members — when to take office. If such change in boundaries 
occurs between March 1 and July 1, the members in office would act until 
July 1, when the boards would proceed under new organizations just as 
though no change in boundaries occurred, until new boards have been regu- 
larly elected and duly organized in accordance with the change in boun- 
daries. 

Sec. 2793-a. Corporation limits changed. When the boundary line 
between a school township and an independent city or town district 
is not also the line between civil townships, such boundary may be 
changed at any time by the concurrence of the boards of directors ; but 
in no case shall a forty-acre tract of land, by the government survey, be 
divided ; and such subdivisions shall be excluded or included as entire 
forties. The boundaries of the school township or the independent dis- 
trict may in the same manner be extended to the line between civil 
townships, even though by such change one of the districts shall be 
included within and consolidated with the other as a single district. 
"When the corporate limits of any city or town are extended outside 
the existing independent district or districts, the boundaries of said 
independent district or districts shall be also correspondingly extended. 
But in no case shall the boundaries of an independent district be 
affected bv the reduction of the corporate limits of a city or town. 
[27 G. A.,'ch. 89.] 

Notes: 1. Township line a bar. If the boundary between an independent 
city or town district and a school township is also the line of a civil town- 

6 



82 SCHOOL LAWS OF IOWA 

ship, such boundary may not be changed under authority of section 279 3-a, 
but may be under section 2793. 

2. Extension of corporate limits — effect. When the corporate limits of 
a city or town in an independent district are extended beyond tlie boundary 
of tlie school corporation, the boundary of the school corporation is thereby 
extended, regardless of the effect upon the territory of the adjacent school 
corporation. See 120 Iowa, 119. 

3. Original incorporation— effects. The original incorporation as a town 
of territory embracing parts of several independent school districts has no 
effect upon the boundaries of the school district, but they continue the 
same as before the incorporation. 142 Iowa, 8. 

4. New boards necessary. See notes 2, 3, 4, section 2 793, and 2 2, section 
2802. 

Sec. 2794. Formation of independent district. Upon the written 
petition of any ten voters of a city, town or village of over one hundred 
residents to the board of the school corporation in which the portion of 
the town plat having the largest number of voters is situated, such 
board shall establish the boundaries of a proposed independent district, 
including therein all of the city, town or village, and also such con- 
tiguous territory as is authorized by a Avritten petition of a majority of 
the resident electors of the contiguous territory proposed to be included 
in said district, in not smaller subdivisions than entire forties of land, 
in the same or any adjoining school corporations as may best subserve 
the convenience of the people for school purposes, and shall give the 
same notices of a meeting as required in other cases, at which meeting 
all voters upon the territory included v/ithin the contemplated inde- 
pendent district shall be allowed to vote by ballot for or against such 
separate organization. When it is proposed to include territory outside 
the town, city or village, the voters residing upon such outside territory 
shall be entitled to vote separately upon the proposition for the forma- 
tion of such new district, by presenting a petition of at least twenty-five 
per cent of the voters residing upon such outside territory, and if a 
majority of the votes so cast is against including such outside territory, 
then the proposed independent district shall not be formed. [29 G. A., 
ch. 126, 19 G". A., ch. 118, § 1; 18 G. A., ch. 139; C. '73, §§ 1800-1; E., 
§§ 2097, 2105.] 

Notes: 1. Where reside. The one hundred residents must be contained 
within the limits of the town or village. Additional territory should be se- 
cured by the board in forming the new independent school district. 

2. How number determined. The last official census will, as a general 
rule, be sufficiently accurate to determine questions relating to the popula- 
tion, but in case of doubt, the actual existing facts govern, which may be 
ascertained by any reliable means. 77 Iowa, 676. Code, section 177. 

3. Must include. The contemplated independent school district must in- 
clude all of the city, town or village, and may include all contiguous terri- 
tory petitioned for. 110 Iowa, 652. Decisions, 105. 

4. Board must act on petition. When the required petition is presented 
the law is mandatory upon the board to establish the boundaries and submit 
the proposition. 110 Iowa, 652. Decisions, 84, 105. 

5. Determining boundary. The board may determine the boundaries of 
the proposed corporation, subject to the following: 

(1) All of the town or village must be included; 

(2) Territory not described in the petition may not be included; 



SCHOOL LAWS OF IOWA 83 

(3) It is not necessary to include all territory described in the petition. 
110 Iowa, 652. 

6. Forinatiou of independent town districts — effect on districts from 
which territory is taken is immaterial. A portion of a rural independent dis- 
trict may be included with part of a school township and the new independent 
district formed under code, section 2794, although there remain in the inde- 
pendent district thus severed less than four sections of land, and in so con- 
struing said section it may be necessary to extend its provisions to include 
independent districts. 120 Iowa, 119. See also school township of Bloomfield 
vs. Independent District of Castalia, 112 N. W., 5. 

7. Boundaries- — time as an element. Time does not settle the boundaries 
of an independent district so that they cannot be changed according to law. 
120 Iowa, 119. 

8. Electors determine desirability. It is for the electors and not the board 
to determine the desirability or necessity of the independnt organization. 
110 Iowa, 652. 

9. Conform to congi*essional divisions. When the boundaries extend be- 
yond the limits of a town or city, they must conform to lines of congressional 
divisions of land. Note 9 to section 2801. 

10. Wliich board. The board of the school corporation in which a major- 
ity of the voters on the town plat reside, must establisb the boundaries of 
said district without the concurrence of any other board, even when said ter- 
ritory is taken from two or more civil townships in the same or adjoining 
counties. 41 Iowa, 30; 25 Iowa, 305. 

11. Notices. The notices of the election to determine the question of a 
separate organization should state clearly the boundaries of the proposed 
district. 

12. AVlio vote. All of the electors residing within the proposed limits 
must be permitted to vote on the question of separate organization. 

13. Separate ballot. The electors residing an the territory to be included, 
but outside of the town or village, are entitled to vote separately on the 
proposition if they ask such privilege by petition, either to the board or to 
the judges of the election. 

14. Desirability- — determined by. The desirability or necessity of the in- 
dependent district is for the people to determine and not the board. 110 
Iowa, 652. 

15. Judges. The president and secretary of the school corporation should 
act as chairman and secretary of this meeting, and with one of the board, as 
judges of the election. 

16. Incorporation of town. The incorporation of a town does not in itself 
affect the school organization of the district in which the town may be situ- 
ated. However, it does change the method of choosing the treasurer. See 
sections 2754 and 2757. 

17. Village — ^defined. Town sites platted and unincorporated shall be 
known as villages. Code, section 638. 

18. Organization. Section 2795. 

19. Effect upon adjacent corporation. The fact that the territory of an 
adjacent rural independent district from which territory is taken is reduced 
below four government sections does not affect the validity of the organi- 
zation. 120 Iowa, 119. 

20. Concurrence not necessary. An independent school district may be 
formed from territory formerly composing two or more independent districts 
or an independent district and a school township without concurrent action 
of the boards of the districts out of which the new corporation is formed. 
134 Iowa, 349. 

21. Consolidated city districts — -organization of consolidated independent 
districts. See section 2820-e and 2820-h. See section 2794-a. 

22. Judgment conclusive. A school township having once litigated to final 
judgment its rights against an independent district can not relitigate the 
same rights the simple expedient of bringing into the second action as de- 



84 SCHOOL LAWS OF IOWA 

fendants members of the board of directors who are not necessary parties. 
134 Iowa, 349. 

23. Territory outside town. All territory outside the town is outside terri- 
tory. 128 N. W., 847. 

24. Appeal the remedy. A court of equity can not inquire into the justice 
of boundaries that are fixed by new independent districts. The remedy for 
a party aggrieved is appeal to the county superintendent. 12 8 N. W., 847. 

CONSOLIDATED INDEPENDENT SCHOOL DISTRICTS 

Sec. 2794-a. Petition for — question submitted— organization com- 
pleted. When a petition describing the boundaries of contiguous ter- 
ritory containing not less than sixteen (16) sections within one or more 
counties is signed by one-third (1-3) of the electors residing in such 
territory, and approved by the county superintendent, if of one county, 
and the superintendent of each, if of more than one county, and by the 
state superintendent of public instruction if the county superintendents 
do not agree, and filed with the board of the school corporation in 
which the portion of the proposed district having the largest number 
of voters is situated, requesting the establishment of a consolidated in^ 
dependent district, it shall be the duty of said board, within ten (10) 
days to call an election in the proposed consolidated district, for which 
they shall give the same notices as are required in section twenty- 
seven hundred and forty-six (2746) of the code, and twenty-seven 
hundred and fifty (2750) of the supplement to the code, 1907, at which 
election all voters residing in the proposed consolidated district shall 
be entitled to vote by ballot for or against such separate organization. 
When it is proposed to include in such district a city, or town or village, 
the voters residing upon the territory outside the incorporated limits 
of such city, town or village shall vote separately upon the proposition 
for the creating of such new district. The judges of said election shall 
provide separate ballot boxes in which shall be deposited the votes 
cast by the voters from their respective territory, and if a majority 
of the votes cast by the electors residing either within or without the 
limits of such city, town or village is against the proposition to form a 
consolidated independent corporation, then the proposed corporation 
shall not be formed. If a majority of the votes so cast in each territory 
shall be in favor of such independent organization, the organization of 
the proposed consolidated independent school corporation shall be com- 
pleted by the election of a board of directors for said school corpora- 
tion, as provided in section twenty-seven hundred and ninety-five 
(2795) of the code, and when so organized shall not be reduced to less 
than sixteen sections, unless dissolved as provided by this act. No 
school corporation from which territory is taken to form such a con- 
solidated independent corporation shall, after the change, contain less 
than four government sections, which territory shall be contiguous and 
so situated as to form a suitable corporation. [34 G. A., ch. 143; 31 
G. A., ch. 141.] 

Sec. 2794-al. Board to organize — when — tax levy. The organiza- 
tion of the school board in consolidated independent school corpora- 
tions shall be effected on or before the first day of July, following their 



SCHOOL LAWS OP IOWA 85 

election, and, when completed, all taxes previously certified shall be void 
so far as the property within the limits of the consolidated independent 
school corporation is concerned, and the board of said consolidated in- 
dependent school corporation shall at a regular meeting or a special 
meeting called for the purpose, at any time prior to the third Monday 
in August of each year, levy for the general fund of said school the 
amount of all necessary taxes for all school purposes, which including 
the amount received from the semi-annual apportionment, shall not 
exceed thirty-two (32) dollars for each person of school age, the amount 
so levied to be certified by them to the county board of supervisors on 
or before the first Monday of September, in each year, and the board 
of supervisors shall levy said tax at the same time, and in the same 
manner that other school taxes are required to be levied. [34 G. A., ch. 
143 ; 31 G. A., ch. 141.] 

Sec. 2794-a2. Transportation to and from school. It shall be the 
duty of the school board of anj'- consolidated independent school cor- 
poration and school township maintaining a central school to provide 
suitable transportation to and from school, for every child of school 
age living within said district, and outside the limits of any city, town 
or village, but the board shall not be required to cause the vehicle of 
trasnportation to leave the public highway to receive or discharge oc- 
cupants thereof. The board shall from time to time, by resolution 
regularly adopted, number and designate the route to be traveled by 
each conveyance in transporting children to and from school. The 
school board may require that children living an unreasonable dis- 
tance from school shall be transported by the parent, or guardian, a 
distance of not to exceed two miles, to connect Math any vehicle of 
transportation to and from school ; or may, in the discretion of the board, 
contract with an adjoining school corporation for the instruction of 
any child living an unreasonable distance from school, and they shall 
allow a reasonable amount of compensation for the transportation of 
children to and from the point where they are taken over, or discharged 
from the vehicle used to convey them to and from school, or for trans- 
porting to an adjoining district. In determining what an unreasonable 
distance would be, consideration shall be given to the number and age 
of the children, the condition of the roads, and the number of miles 
to be traveled in going to and from school. The board shall have the 
right on account of inclemency of the weather to suspend transporta- 
tion of any route upon any day, or days, when in the judgment of the 
said board it would be a hardship on the children, or when the roads 
to be traveled are infit or impassable. [34 G. A., ch. 143; 31. G. A., ch. 
141.] 

Sec. 2794-a3. Transportation contracts — rules and reg-ulation. The 
school board of any consolidated independent school corporation shall 
contract with as many suitable persons as they deem necessary for the 
transportation of children of school age to and from school, such con- 
tract to be in writing and shall state the number of the route, the 
length of time contracted for, the compensation to be allowed per week 
of five school days, or per month of four school weeks, and may pro- 



86 SCHOOL LAWS OF IOWA 

vide that two week's salary shall be retained by the board pending 
full compliance therewith by the party contracted with, and shall al- 
ways provide that any party or parties to said contract and every per- 
son in charge of vehicles conveying children to and from school, shall 
be at all times subject to any rules or regulation said board shall adopt 
for the protection of the children, or to govern the conduct of the per- 
son in charge of said conveyance. [34 G. A., ch. 143 ; 31 G. A., ch. 141.] 
Sec. 2794-a4. School 'building — location. It shall be the duty of 
the school board of any consolidated independent district to provide a 
suitable school building within such district, and shall at any regular 
meeting or at a special meeting called for that purpose submit the 
question of levying a tax for the building of any school building 
suitable for the needs of the district, or for the repairing of any 
school building where the cost of such repairs exceeds the sum of two 
thousand ($2,000) dollars to the qualified voters of said district, and 
all moneys received from such source to be placed in the school house 
fund of said corporation and to be used for such purposes only. In 
locating said building they shall take into consideration the geograph- 
ical position, number and convenience of the scholars, and may submit 
the question of location to the voters of the district at any regular 
or special meeting called for that purpose ; providing, that whenever a 
city, town or village containing a school population of twenty-five (25), 
or more, is included within any consolidated independent district, then 
said building shall be located within the incorporated limits of said city, 
town or village, on such site as the school board may determine. [34 
G. A., ch. 143 ; 31 G. A., ch. 141.] " 

Sec. 2794-a5. Petition for dissolution — question submitted — disso- 
lution effected. Whenever a petition signed by one-third (1-3) of the 
electors in a consolidated independent school corporation asking that 
said district be dissolved, and describing the boundaries of the district, 
or districts, proposed to be organized out of the territory then included 
in such consolidated independent school corporation and having the 
approval of the county superintendent, if one county, and the superin- 
tendent of each, if more than one county, and by the state superin- 
tendent of public instruction, if the county superintendents do not 
agree, and filed with the board of said consolidated independent dis- 
trict, it shall be the duty of said board within ten (10) days to call an 
election for which they shall give the same notices as are required in 
section two thousand seven hundred forty-six (2746) of the code, and 
two thousand seven hundred fifty (2750) of the supplement to the 
code, 1907, at which election all voters residing within the district shall 
be allowed to vote by ballot for or against such dissolution. If a ma- 
jority of all votes cast at said election be in favor of dissolving the con- 
solidated district, same shall be dissolved and the organization of a 
new district or districts be forthwith completed by the election of a 
board of directors as provided by statute ; provided, however, that such 
dissolution shall become effective only when the reorganization of the 
territory included in the original consolidated district is completed. 
The assets and liabilities of any such school corporation thus dissolved, 



SCHOOL LAWS OF IOWA 87 

shall be equitably divided as provided in section two thousand eight 
hundred two (2802) of the supplement to the code. 1907. [34 G. A., 
ch. 143; 31 G. A., ch. 141.] 

Sec. 2794-a6. Violation of rules and regulations — penalty. Any per- 
son driving, managing or in charge of any vehicle used in transporting 
children to and from school, in any consolidated independent school 
corporation, who shall be found guilty of violating any of the rules and 
regulations adopted by the board of said school, for the guidance of any 
person in charge of such conveyance, shall be guilty of a misdemeanor, 
and for the first offense shall be fined not less than five dollars ($5.00) 
or more than ten dollars ($10.00), and for a subsequent offense shall 
be fined not less than twenty-five dollars ($25.00) or more than fifty 
dollars ($50.00), and shall be dismissed from the service. [34 G. A., 
ch. 143 ; 31 G. A., ch. 141.] 

Sec. 2784-a7. In effect. This act, being deemed of immediate im- 
portance, shall take effect and be in force from and after the date of 
its publication in the Register and Leader and Des Moines Capital, 
newspapers published in the citv of Des Moines, Iowa. [34 G. A., ch. 
143; 31 G. A., ch. 141.] 

Notes: 1. Petition approved. TTie petition should be submitted to the 
county superintendent before circulating. 

2. Duty of superintendent. The county superintendent should exercise 
sound discretion, considering the effect of the change upon all concerned, 
both within and without the proposed new corporation. 

Sec. 2795. Organization. If the proposition to establish an inde- 
pendent district carries, then the same board shall give the usual notice 
for a meeting to choose a board of directors. Two directors shall be 
chosen to serve until the next annual meeting, two until the second, and 
one until the third annual meeting thereafter. The board shall organ- 
ize by the election of officers in the usual manner. [15 G. A., ch. 27 ; C. 
'73, § 1802; R.. §§ 2099, 2100, 2106.] 

Notes: 1. When organize. The first board will enter upon its duties as 
soon as qualified and will organize by choosing a president and a secretary. 
The term of office of the president will expire on the third Monday in the fol- 
lowing March, that of the secretary, on the first day of July following. In 
cities and towns a treasurer, to serve until the first day of the following 
July, will be chosen at the time the directors are chosen. 

2. Certificate of organization. The secretary should immediately file with 
the county superintendent, auditor and treasurer, each, a certificate showing 
the officers of the board, and their postoffice address. All subsequent changes 
made in the officers of the board should be reported. Section 2766. 

3. Officers — when qualify. The secretary and treasurer must qualify 
within ten days. Section 2760. 

4. Record of organization. All proceedings connected with the organiza- 
tion of the new district should be recorded by the secretaries in the records 
of the districts from which territory is taken, so that the facts concerning 
its formation and organization may be readily obtained, in case the validity 
of the proceedings is ever questioned. 

5. Division of assets and liabilities. As soon as the board of the new in- 
dependent district has been organized, it may join with the boards from 
which territory has been taken in making a division of the assets and liabil- 
ities. Section 2 802. 

6. Validity of organization. See note 5, section 2743. 



88 SCHOOL LAWS OF IOWA 

Sec. 2796. Taxes certified and levied. The organization of such 
independent distri-ct shall be effected on or before the first day of 
August of the year in which it is attempted, and, when completed, all 
taxes certified for the school township or townships of which the inde- 
pendent district formed a part shall be void so far as the property 
within the limits of the independent district is concerned, and the board 
of such independent district shall fix the amount of all necessary taxes 
for school purposes, including schoolhouse taxes, at a meeting called 
for such purpose at any time before the third Monday of August, which 
shall be certified to the board of supervisors on or before the first 
Monday of September, and it shall levy said tax at the same time and in 
the same manner that other school taxes are required to be levied, [C. 
73, § 1804.] 

Notes: 1. When organization completed. This section is construed to 
mean that the organization contemplated must be made between January 
first and the first of August. This limitation as to time is directory only, and 
does not apply when an appeal is taken. 110 Iowa, 652. Decisions, 88. 

2. Taxes. When a new independent school district is organized as pro- 
vided by this section, the board has authority to determine and certify all 
necessary taxes, for school purposes, for that year, including schoolhouse 
taxes. 

3. Joint district — jui'isdlction. An independent school district composed of 
territory from two or more counties, belongs, for school purposes, to the 
county in which the school corporation, with whose board the petition for 
separate organization was filed and which conducted the elections for the 
organization of the new corporation, is located. Certificates of the teachers 
of such corporations must be registered with the superintendent of the same 
county. 

Sec. 2797. Rural independent districts. At any time before the first 
day of August, upon the written request of one-third of the legal voters 
in each subdistrict of any school township, the board shall call a meet- 
ing of the voters of the subdistrict, giving at least thirty days' notice 
thereof by posting three notices in each subdistrict in each school town- 
ship, at which meeting the voters shall vote by ballot for or against 
rural independent district organization. If a majority of the votes east 
in each subdistrict shall be favorable to such independent organization, 
then each subdistrict shall become a rural independent district, and 
the board of the school township shall then call a meeting in each rural 
independent district for the choice of three directors, to serve one, 
two and three years, respectively, and the organization of the said rural 
independent district shall be completed. [22 G. A., ch. 61.] 

Notes: 1. When taken. The vote upon the change may be taken at 
any time of year, but the organization cannot be completed between August 
and January. 

2. Must carry in all. Unless each and every subdistrict in the school 
township gives a majority vote favoring the change in form, the township 
remains a school township. 

3. ToAvn or village may organize. A single subdistrict may be organized 
independent only when a village, town or city is included. Section 2794. 

4. Assets and liabilities. When the new boards are organized, they should 
meet as soon as possible, and make settlement of assets and liabilities, as 
directed by section 2 802, 



SCHOOL LAWS OF IOWA 89 

5. One subdistrict may not. One subdistrict cannot be changed to a rural 
independent district unless all tlie subdistricts of the school township vote 
to become rural independent districts. 

6. Validity of organization. See note 5, section 2743. 

Sec. 2798. Subdivision of independent districts. Independent dis- 
tricts may subdivide for the purpose of forming two or more indepen- 
dent districts or have territory detached to be annexed with other ter- 
ritory in the formation of an independent district or districts, the board 
of directors of the original independent districts to establish the boun- 
daries of the districts thus formed, such new districts to contain not 
less than four government sections of land each ; but in case a stream 
or other obstacle shall debar a number of children of school privileges, 
an independent district may be thus organized containing less terri- 
tory ; or, if such new district shall include within its territory a town 
or village with not less than one hundred inhabitants, it may in like 
manner be made up of less territory ; but in neither case shall the new 
district contain less than two government sections of land, nor be or- 
ganized except on a majority vote of the electors of each proposed 
district, and the proceedings for such subdivision shall in all respects 
be like those provided in the section relating to organizing cities and 
towns into independent districts, so far as applicable. [18 Gr. A., ch. 
131; 17 G. A., ch. 133, §§ 1-4.] 

Notes: 1. Township lines not a bar. The provisions of this section apply 
to all independent districts, and civil township lines are not a bar. 

2. Area. The amount of territory cannot be less than an equivalent of 
four government sections, unless the provision of this section apply. 

3. When less than four sections. An independent district containing ter- 
ritory amounting to less than eight government sections may be divided into 
two independent districts, if an unbridged stream or other obstacle prevents a 
considerable number of scholars from attending school, or if one portion con- 
tains a village of not less than one hundred inhabitants. The district so 
formed must contain territory amounting to not less than two government 
sections, and a majority of the votes cast in each contemplated district must 
be cast for the division. 

4. Minimum. When an independent district is subdivided under this sec- 
tion the one of the districts not formed in accordance with the exception made 
must have at least four sections. 

5. Validity of organizations. See note 5, section 2743. 

6. New boards necessary. Attorney general, report 1906, page 194; notes 
2, section 2793, and 22, section 2802. 

Sec. 2799. Uniting independent districts. Independent districts 
located contiguous to each other may unite and form one and the same 
independent district in the manner following: At the written request 
of any ten legal voters residing in each of said independent districts, or, 
if there be not ten, then a majority of such voters, their respective 
boards of directors shall require their secretaries to give at least ten 
days' notice of the time and place for a meeting of the electors residing 
in each of such districts, by posting written notices in at least five public 
places in each of said districts, at which meeting the electors shall vote 
by ballot for or against a consolidated organization of said independent 
districts, and, if a majority of the votes cast at the election in each dis- 



90 SCHOOL LAWS OF IOWA 

trict shall be in favor of uniting said districts, the secretaries shall give 
similar notice of a meeting of the electors as provided for by law for 
the organization of independent districts including cities and towns. 
[22 G. A., ch. 63, § 1; C. '73, § 1811.] 

Notes: 1. Vote separately, Tlie proposition to consolidate independent 
districts must be separately voted upon in each of the districts affected. 
Unless a majority of the votes cast at such election in each district is in favor 
of such consolidation, it fails. 

2. Application, The provisions of this section also apply to rural inde- 
pendent districts. Opinion of attorney general, report 1902, page 161. 

3. Times for elections. It is not essential for the consolidation of two 
school districts that the election in each district be held at the same time, as 
code section 2799, governing such elections, is only directory. 130 Iowa, 100. 

4. Validity of orgaiiization. See note 5, section 2743. 

See. 2800, Rural independent districts united into school township. 

A township which has been divided into rural independent districts 
may be erected into a school township by a vote of the electors, to be 
taken upon the written request of one-third of the legal voters resid- 
ing in such civil township. Upon presentation of such written request 
to the township trustees, they shall call a meeting of the electors at 
the usual place or places of holding the township election, upon giv- 
ing at least ten days' notice thereof by posting three written notices 
in each rural independent district in the township, and by publication 
in a newspaper, if one be published in such township, at which meeting 
the said electors shall vote by ballot for or against a school township 
organization. If a majority of the votes cast at such election be in 
favor of such organization, each rural independent district shall be- 
come a subdistrict of the school township, and shall organize as such 
on the first Monday in March following, by the election of a director, 
notice of which shall be given as in other cases by the secretary of each 
of the rural independent districts, and the directors so elected shall 
organize as a board of directors of the school township on the first day 
of July following, unless that date falls on Sunday, in which ease on 
the day following. [31 G. A., ch. 136, § 11 ; 16 G. A., ch. 155 ; C. '73, §§ 
1815-20.] 

Notes: 1. Who may act. The electors of any civil township which has 
adopted the rural independent school district organization, may vote upon 
the question of returning to the school township organization. 

2. Petition- — to whom presented. The petition provided for in this section 
may be presented to the trustees and the vote ordered at any time of the 
year. When a proper petition is presented, the law makes it mandatory 
upon the township trustees to call and hold an election. 

3. A school township meeting. The meeting held to determine the ques- 
tion of school township organization, is a township meeting; if the vote is 
in the affirmative, each and every rural independent school district in the 
township becomes a subdistrict of the school township. 

4. Election of judges. The township trustees may act as judges of this 
election, but in their absence the electors assembled may choose a chairman 
and one or two secretaries to act as judges. 

5. "When organization completed. The board of each rural independent 
school district will continue to act until the first day of July following the 
election, at which time a full statement of all assets and liabilities of the dis- 
trict should be reported to the board of the school township when organized. 



SCHOOL LAWS OF IOWA 91 

6. Township as a single district. The first board of a school township 
formed from a township organized as a single rural district, will consist of 
three directors elected by the whole township. Section 2752. If this board 
chooses to subdivide the township it may do so. Section 2801. 

7. Township meeting. The school township meeting is held on the second 
Monday in March, to vote the necessary schoolhouse taxes as provided in sec- 
tion 2749. 

8. Authority of boards. Between the time of the election provided for and 
the first day of July following, the boards of the several rural independent 
school districts have authority to perform all necessary acts relating to the 
affairs of their districts, but they cannot incur any indebtedness, nor make 
any contracts, except such as may be necessary to maintain the usual schools 
of their districts. 

9. Duty of secretary. Upon the organization of the school township, the 
secretary should file with the county auditor and treasurer a certified plat of 
the district, and report to the county superintendent, auditor and treasurer, 
the name and address of each officer of the new board. Section 2766. 

10. Assets and liabilities. The school township receives all the assets and 
assumes all the liabilities of the several rural independent school districts. 
In case a rural independent school district has issued bonds or otherwise 
incurred an indebtedness, for the erection of a schoolhouse and the electors 
'have failed to provide for the payment thereof, the board of the school town- 
ship has authority to apportion schoolhouse taxes for the payment of such 
indebtedness, from time to time, as justice and equity may require. Sec- 
tion 2813. 

11. Validity of organization. See note 5, section 2743. 

Sec. 2801. Division of school township into siibdistricts. The board 
of any school township may by a vote of a majority of all the members 
thereof, at the regular meeting in July, or at any special meeting called 
thereafter for that purpose, divide the school township into subdistricts 
such as justice, equity and the interests of the people require, and may 
make such alterations of the boundaries of subdistricts heretofore 
formed as may be deemed necessary, and shall designate such sub- 
districts and all subsequent alterations in a distinct and legible manner 
upon a plat of the school toAvnship provided for that purpose, and shall 
cause a written description of the same to be recorded in the records of 
the school township, a copy of which shall be delivered by the secretary 
to the county treasurer and also to the county auditor, who shall 
record the same in his office. The boundaries of subdistricts shall con- 
form to the lines of- the congressional divisions of land, and the forma- 
tion or alteration of subdistricts as contemplated in this section shall 
not take effect until the first Monday in March thereafter, at which 
time a director shall be elected for nnv subdistrict newly formed. [31 G. 
A., ch. 136, ^ 12; 21 G. A., ch. 124; IG G. A., ch. 109; C. '73, §s^ 1725, 
1738, 1796; k, § 2038.] 

Notes: 1. Compliance. All changes in subdistrict boundaries must be 
made in strict conformity with this section. 

2. Vote necessary. Subdistrict boundaries can be changed only by af- 
firmative vote of a majority of all the members of the board. 

3. When made. While this section provides that boards may change 
subdistrict boundaries at the regular meeting in July, or at a special meet- 
ing called for that purpose, it must be understood that such change cannot 
be made so late as to prevent the notices of election from being given at 
least five days previous to the subdistrict elections, as required by section 
2751. Decisions, 52. 



92 SCHOOL LAWS OF IOWA 

4. Change of civil township — effect of. When nev^ civil townships are 
formed, the corresponding changes in school township boundaries take ef- 
fect at the next subdistrict election. Section 2790. 

5. All territory in some coi-poration. All territory must be included 
within some school corporation, and all of a school township must be in- 
cluded in some subdistrict, when the territory is so subdivided. Decisions, 33. 

6. Subdistrict not a corporation. A subdistrict is not a corporate body 
and has no financial claims, nor can it be held liable for debts, except as a 
part of the school township. Decisions, 13. 

7. Redistricting. The board may discontinue or abolish any subdistrict 
by a readjustment of boundaries, and it may provide that there shall be no 
subdistricts and that the schools of the corporation shall be governed by a 
board of three directors chosen from the township at large. Section 2752. 

8. County oflScers notified. It is especially important that the county 
auditor and treasurer be officially notified by the secretary, whenever any 
changes are made in the district boundaries, by the formation of independent 
districts or otherwise, to enable these officers to perform their duties in 
the levy of taxes, and the apportionment and disbursement of school funds. 

9. Congressional divisions. By congressional divisions of land is meant 
those divisions authorized by congress in government surveys, of which the 
smallest is, in general, one-sixteenth of a section, or a tract of forty acres in 
a square form. Government lines, however, sometimes meander along 
streams and other bodies of water, and divisions of land are thus formed of 
less than forty acres. Decisions, 33. 

10. Number necessary for new subdistrict. There is nothing in the law 
fixing the number of persons of school age necessary for a new subdistrict, 
nor is the exact amount of territory to be included determined by the law. 

11. Entire corporation considered. When establishing subdistrict bound- 
aries the interests of the entire corporation must be considered. Decisions, 
111. 

Sec. 2802. Changes of boundaries — division of assets and liabilities. 

When any changes are made in the boundaries of any school corpora- 
tion the new corporation shall elect a board of directors in accordance 
with the new boundaries, and such new boards shall organize as pro- 
vided in section twenty-seven hundred fifty-seven (2757) of this chap- 
ter. The boards of directors in office at the time the changes are made 
in the boundaries of the school corporation, shall continue to act until 
the boards of directors representing the newly formed districts have 
been duly organized, whereupon the new boards shall make an equit- 
able division of all assets and liabilities of the corporations affected; 
and, if they cannot agree, the matters upon which they differ shall be 
decided by disinterested arbitrators, one selected by each board having 
an interest therein, and if the number thus selected is even then one 
shall be added by the county superintendent, and the decision of the 
arbitrators shall be made in writing, either party having the right to 
appeal therefrom to the district court. [C. '73, § 1715; 31 G. A., ch. 
136, § 13.] 

Notes: 1. Assets and liabilities. Assets include schoolhouses, sites and 
all other property and moneys belonging to the district. Liabilities include 
all debts for which the district in its corporate capacity is liable. In deter- 
mining the assets, school property should be estimated at its present cash 
value. 

2. Assets- — apportionment of. The division of assets will relate to the 
schoolhouse and other property, moneys in all funds on hand, and uncol- 
lected taxes. The territory transferred carries with it such a part of the 



SCHOOL LAWS OF IOWA 93 

assets and liabilities of the corporation to which it belonged as the assessed 
valuation of such territory is part of the assessed valuation of the property 
of the corporation. 

3. Teachers' fund — apportionment. Any portion of the teachers' fund 
derived from the semi-annual apportionment, should be divided in propor- 
tion to the number of persons between five and twenty-one years of age, ac- 
cording to the last enumeration. 

4. Schoolhouse — where belong. Schoolhouses will usually become the 
property of the district in which they are situated. If their value exceeds 
the amount justly due that district, and there is not sufficient schoolhouse 
fund on hand to equalize the division, the boards should fix the amount each 
district should receive or pay. 

5. Equitable division desired. An equitable arrangement mutually sat- 
isfactory to the parties in interest will be in accordance with the intent of 
the law. Any agreement should be reduced to writing, and entered upon the 
records of each district. 

6. Claim. The districts, after the division, which do not receive their 
just proportion of school house property, have a claim against those that do 
obtain more than a due share. The last are indebted to the first in the 
difference. 36 Iowa, 216. 

7. Unpaid and delinquent taxes — apportionment. A simple and just 
method to dispose of unpaid and delinquent taxes, also of all funds in the 
hands of the county treasurer, is to direct the payment of these funds in 
such manner that taxes derived from any part of the territory shall be paid 
to the district to which such territory will then belong. 

8. Recovery. If money is received which belongs to another, the rule 
is a general one that the law implies a promise on the part of the receiver 
to pay it over. Based upon this promise an action may be maintained for 
its recovery. 11 Iowa, 506; 80 Iowa, 495. 

9. Injunction as a test. Any conflict between districts with regard to 
boundaries will be best determined by the one aggrieved asking a court to 
restrain the county treasurer from paying taxes to the other district, on the 
ground that the district complaining is entitled to receive said taxes. 

10. Scope of the law. Section 2793 provides for a change of boundaries 
between adjoining independent districts and for consolidation. 

11. Change of boundaries. If the boundary between an independent dis- 
trict and a school township is the line of the civil township, it cannot be 
changed, under section 2793-a, except there be an incorporated town, and 
then only by the extension of the corporate limits of such town. If the inde- 
pendent school district includes a portion of a civil township, the remainder 
of which is a school township, the boundary between the districts may be 
changed. 

12. Concurrence — appeal. Where a change of boundaries between dis- 
tricts is desired, and one of the boards acts favorably, a petition may be 
presented to the other board to concur in that action, although it formerly 
may have refused to grant a similar petition. From the action of the latter 
board upon the request an appeal may be taken. 

13. Initiatory — no appeal. No appeal can be taken from an action of 
the board taking the initiatory step, while it requires the concurrence of 
another board to complete the action. The concurrence or refusal of the 
second board is the order from which an appeal may be taken. Decisions, 
49, 58. 

14. Power of county superintendent. When an appeal is taken from the 
proper board, the county superintendent must affirm the action of one 
board or the other, but cannot himself modify the action of the board acting 
first. Decisions, 58. 

15. Assets and liabilities. Territory transferred from one district to an- 
other carries with it an equitable proportion of the assets and liabilities of 
the district from which it is taken, the district accepting it becomes re- 
sponsible for such liabilities. 



94 SCHOOL LAWS OF IOWA 

16. Initiatory — -immatei-ial. It is not material which board takes the 
first action with regard to the transfer of territory. Usually it is desirable 
to secure the action of the board with regard to which there is no doubt, and 
afterward to endeavor to induce the other board to take the same action. 
If the board last acting takes an action different in kind it may be regarded 
as initiating a new order, which in turn must go to the other board for 
adoption or rejection. 

17. Assets and liabilities— no appeal. An appeal to the county super- 
intendent will not lie from a joint action of the boards in making a settle- 
ment of assets and liabilities. Decisions, 80. 

18. Vvho may demand. Demand for settlement and division of assets 
must be made by one authorized to make such demand upon one authorized 
to act. 110 Iowa, 702. 

19. Arbitrators — mandamus. (When arbitrators have been appointed, 
mandamus will lie to compel them to act. 110 Iowa, 702. 

2 0. Power of arbitrators. The arbitrators can consider only such assets 
and liabilities as existed between the districts at the time the new district 
was formed. 107 Iowa, 73. 

21. Choice of arbitrators. When the respective boards of directors have 
met and failed to agree, mandamus may be maintained to compel a choice 
of arbitrators, but not to compel the making of equitable division. 68 Iowa, 
486. 

22. Change of boundaries. A change in the boundaries of school cor- 
porations may be made at any regular meeting, and as there is no pro- 
hibition against changing such boundaries between the time of giving notice 
of the election of directors on the first Monday in March and the date of 
such regular meeting, and inasmuch as a date between March and July 
would be after the previous regular dates the same as at any other time 
between the dates of the regular meetings, provided, a special meeting is 
called for that purpose between such dates. Opinion of attorney general, 
November 20, 1911. 

Sec. 2803. Attending school in another corporation, A child resid- 
ing in one corporation may attend school in another in the same or ad- 
joining county if the two boards so agree. In case no such agreement 
is made, the county superintendent of the county in which the child 
resides and the board of such adjoining corporation may consent to 
such attendance, if the child resides nearer a schoolhouse in the ad- 
joining corporation and one and one-half miles or more from any public 
school in the corporation of his residence. But before granting such 
consent the county superintendent shall give notice to the board where 
the child resides and hear objections, if any. In case such consent is 
given, the board of the district of the child's residence shall be notified 
thereof in writing, and shall pay to the other district the average tuition 
per week and an average proportion of contingent expenses for the 
school or room thereof in which such child attends. If payment is 
refused or neglected, the board of the creditor corporation shall file an 
account thereof certified by its president with the auditor of the county 
of the child's residence, who shall, at the time of the making of the 
next semi-annual apportionment, deduct the amount from the sum 
apportioned to the debtor district, and cause it to be paid to the cor- 
poration entitled thereto. [17 G. A., ch. 41; 16 G. A., ch. 64; C. '73, § 
1793 ;R., § 2024; C. '51, § 1143.] 

Notes: 1. By agreement of boards. This section grants to all boards the 
power to agree upon terms of attendance. Such agreement should name 
the amount to be paid, if any, the time during which the stipulation shall 
be in force, and other matters. 



SCHOOL LAWS OP IOWA 95 

2. Without agreement of boards. If scholars reside more than one and 
one-half miles from a school in their own district and nearer to a 
school in another district, which they desire to attend, application should first 
be made to both boards of directors; if the boards refuse to enter into an 
agreement, they may attend school in such district with the consent of the 
board of the district where they desire to attend and of the county super- 
intendent of the county in which the children reside. 

3. Different townships. This section applies to districts in the same or 
in different civil townships or counties. 

4. Purpose of law. What is sought by the law is to supply to every 
child advantages equal as nearly as possible with those afforded to the aver- 
age child. 

5. When consent of both boards necessary. If scholars live nearer to a 
school in their own district, or less than one and one-half miles of one, they 
can attend school in another district at the expense of their own district, 
only by an agreement of both boards. 

6. Consent of board necessary. In no case may scholars attend school 
in a district in which they do not reside, without the consent of the board 
thereof. 

7. Wlien superintendent may act. The first three lines give the boards 
power to agree upon terms of attendance, without regard to the distance in 
the case. But advantage may not be taken of the remainder of the section 
unless all the provisions enumerated are fulfilled. 

8. Distance — how determined. In determining distances to different 
schools the measurement must be made by the nearest public highway to 
each school. And if the person lives off the highway, the distance should be 
computed by the nearest and most accessible private way as usually traveled 
from the residence to the highway. 

9. What is sought. What is sought to be determined is the actual dis- 
tance necessary to be traveled by the scholar. It may therefore sometimes 
be required to measure from the door of the home of the scholar to the 
door of the schoolhouse, in order to ascertain definitely the actual distance 
from school. 

10. Must provide school. Every district is bound to provide school facili- 
ties for the children thereof; and children living in a school district in one 
county may attend school in an adjoining district in another county under the 
provisions of this section. 113 Iowa, 549. 

11. Consent of county superintendent. In giving or withholding his con- 
sent, the county superintendent should consider all the circumstances, and 
when he has concurred or refused to concur, the matter is concluded for that 
time, as no appeal will lie. 

12. Position of county superintendent. The position of the county super- 
intendent is somewhat similar to that of a disinterested arbitrator between 
the two boards. He should confer with both boards if possible and should 
take into account all the conditions of the case. 

13. Superintendent should hesitate. If there is little difference in the 
distance, or if the schoolhouse of the scholar is only slightly in excess of a 
mile and a half, then the county superintendent should hesitate to concur, 
especially if it will weaken the funds or diminish the attendance at the home 
school so as to unduly impair its success. 

14. Action is concurrent. The action of the board where the children 
desire to attend and of the county superintendent is a concurrent one. The 
two parties are thus supposed to have equal discretionary powers. 

15. Collection of tuition. Collection of tuition cannot be made by ap- 
peal to the county superintendent, but such questions in controversy must 
be settled through the courts. 

16. Notice. The notice referred to cannot be said to be officially trans- 
mitted unless signed by both the president and secretary. Payment for at- 
tendance can be collected from the district where the children reside, only 
from the date of such notice. Form 44. 



96 SCHOOL LAWS OF IOWA 

17. Term of. This notice holds only for the term, or such time as the 
county superintendent and board name in their written concurrent agree- 
ment. 

18. Mailing, not notice. Depositing a letter in a postofflce without fur- 
ther proof that such letter reached the party addressed, is not a legal 
notice as required to secure payment of tuition. Code, section 3531. 

19. Amount — how determined. The average proportion of tuition and 
contingent expenses for any number of scholars is found by dividing the 
amount expended for these purposes in the school where they have attended, 
by the total attendance in days, and multiplying the quotient by the num- 
ber of days said scholars have attended. 

20. Average in graded schools. When scholars attend a graded school, 
the average tuition should be computed on the basis of the expenses of each 
pupil in the grade or room in which such scholars are placed; the average 
expense of contingent fund may be computed as a part of the whole con- 
tingent expense of such school. 

21. Comply with law. Any other action than compliance with the abso- 
lute and explicit terms of the law, will render the collection of tuition diffi- 
cult and in most cases impossible. Decisions, 48. 

CHANGE OF BOUNDARIES — TIME. 

22. A change in the boundaries of school corporations may be made at 
any regular meeting, and as there is no prohibition against changing such 
boundaries between the time of giving notice of the election of directors on 
the first Monday in March and the date of such regular meeting, and inas- 
much as a date between March and July would be after the previous regu- 
lar July meeting, such boundaries could legally be changed between such 
dates the same as at any other time between the dates of the regular meet- 
ings, provided "a special meeting is called for that purpose between such 
dates." Opinion of the attorney-general, November 2 0, 1911. 

If such change in boundaries occurs between March 1 and July 1, the 
member in ofiice would act until July 1, when the boards would proceed un- 
der new organizations just as though no change in boundaries occurred, 
until new boards have been regularly elected and duly organized in accord- 
ance with the change in boundaries. 

Sec. 2804. School age — nonresidents. Persons between five and 
twenty-one years of age shall be of school age. Nonresident children 
and those sojourning temporarily in any school corporation may attend 
school therein upon such terms as the board may determine. The parent 
or guardian whose child or ward attends school in any independent 
district of which he is not a resident shall be allowed to deduct the 
amount of school tax paid by him in said district from the amount of 
the tuition required to be paid. [C. '73, § 1795.] 

Notes: 1. Under school age. Children under five years of age would be 
more injured by the confinement than benefited by the instruction. They 
cannot claim the advantages of the school, and should not be allowed to at- 
tend. They may not be admitted to receive instruction even upon the pay- 
ment of tuition. 

2. Over school age. Persons over twenty-one years of age are not entitled 
to attend the public schools, but they may be admitted upon such terms as 
the board deems proper. 

3. Board determines residence. The board should be satisfied that the 
residence of the scholar in the district is actual before allowing free at- 
tendance. 



SCHOOL LAWS OF IOWA 97 

4. Method of determining. In determining whether a person is entitled 
to attendance free of tuition, the board may take any impartial method of 
deciding the question. Decisions, 68. 

5. Appeal. Any one aggrieved by an order of the board admitting, or re- 
fusing to admit, a scholar, has the remedy cf appeal. 

6. Taxes not basis for attendance. Paying school taxes does not entitle 
non-residents to school privileges, but school taxes paid in an independent 
district shall be deducted from the amount of tuition required of a non- 
resident pupil. 

7. Self-supporting minors. Young people who are making their own liv- 
ing should not be excluded from school privileges in the district Avhere they 
are at home. 

8. Admission of pupil — mandamus. The action of a school board in deny- 
ing a pupil free admission to the schools on the ground of non-residence 
cannot be reviewed in a mandamus proceeding; the remedy is appeal. 124 
Iowa, 355. 

Sec. 2805. Bible not excluded. The bible shall not be excluded 
from any public school or institution in the state, nor shall any child be 
required to read it contrary to the wishes of his parent or guardian. [C. 
73, § 1764; R., § 2119.] 

Notes: 1. A suitable exercise. Our common schools are maintained at 
public expense, and the law contemplates that they shall be equally free to 
persons of every faith. A very suitable devotional exercise consists "in the 
teacher's reading a portion of scripture without comment, and the repetition 
of the Lord's prayer. 

2. Teacher determines. Neither the board nor the electors may direct 
the teacher to follow a given course in respect to t)he reading of the bible 
in school. Each teacher will be guided by his own good judgment, re- 
stricted only by the provision that no child shall be required to read it 
contrary to the wishes of his parent or guardian, and such provision is not 
unconstitutional. 64 Iowa, 367. The wishes of his patrons may properly 
be given weight in aiding him to determine his action. 

3. Regulation regarding religion. While moral instruction should be 
given in every school, neither this section nor the spirit of our constitution 
and laws will permit a teacher or board to enforce a regulation in regard 
to religious exercises, which will wound the conscience of any, and no 
scholar can be required to conform to any particular mode of worship. 64 
Iowa, 367. 

4. Moral instruction. Moral instruction tending to impress upon the minds 
of pupils the importance of truthfulness, temperance, purity, public spirit, 
patriotism, and respect for honest labor, obedience to parents and due defer- 
ence for old age, should be given by every teacher in the public schools. 

5. Injunction. If a teacher gives religious instruction or teaches in the 
interest of any church or denomination, the board may be prevented from 
continuing or sanctioning such instruction, by injunction from the courts; 
and having ordered or countenanced this instruction, may be prevented in 
the same manner from paying such teacher from the public school funds. 

6. Public funds may not be used. The diversion of the school fund in 
any form or to any extent for the support of sectarian or private schools 
is inadmissible and clearly in violation of our laws. 59 Iowa, 70. 

7. Public funds may not be loaned. Public money shall not be appro- 
priated, given or loaned by the corporate authorities of any county or town- 
ship, to or in favor of any institution, school, association or object v/hich 
is under ecclesiastical or sectarian management or control. Code, section 593. 

Sec. 2806. School taxes. The board of each school corporatiou 
shall at its regular meeting in July, or at a special meeting called for 
that purpose between the time designated for such regular meeting and 

7 



98 SCHOOL LAWS OP IOWA 

the third Monday in August, estimate the amount required for the con- 
tingent fund, not exceeding seven dollars for each person of school age, 
but each school corporation may estimate not exceeding seventy-five 
dollars for each school thereof, and such additional sum as may be 
necessary not exceeding five dollars for each person of school age 
for transporting children to and from school ; and also such additional 
sum as may be authorized in the chapter on uniformity of text-books ; 
also such sum as may be required for the teachers' fund, which, includ- 
ing the amount received from the semi-annual apportionment, shall 
not exceed twenty dollars for each person of school age therein, but 
each corporation may estimate not exceeding two hundred and seventy 
dollars, including such apportionment, for each regular school therein. 
No tax shall be estimated by the board after the third Monday in 
August in each year. School corporations containing territory in ad- 
joining counties may vote and estimate all taxes for school purposes in 
mills. The board shall apportion any tax voted by the annual meeting 
for school house fund among the several subdistriets in such a manner 
as justice and equity may require, taking as the basis of such appor- 
tionment the respective amounts previously levied upon said subdis- 
triets for the use of such fund. [33 G. A., ch. 182 ; 31 G. A., ch. 136, 
§ 14; 28 G. A., ch. 108 ; 15 G. A., ch. 67, § 1 ; C. 73, §§ 1738, 1777-8, 1780 ; 
R., §§ 2033-4, 2037-44, 2088.] 

Notes: 1. Specific sums certified. This section requires boards to cer- 
tify the specific sums necessary to be raised for teachers' and contingent 
funds to the board of supervisors, whose duty it is to estimate and levy 
the per centum necessary to raise the amounts so certified. 

2. Joint districts certify mills. Districts formed from territory lying in 
adjoining counties, may vote and certify to the respective boards of super- 
visors the number of mills on the dollar required to raise the necessary 
school taxes. 

3. Tax void. The general rule is that a tax estimated by the board after 
the third Monday in August is void. This renders it essential that boards 
certify taxes within the required time. 73 Iowa, 304. For exceptions see 
sections 2767, 2796, 3973. 

4. Schoolhouse fund voted by electors. It is the rule that schoolhouse 
funds must be voted by the electors. Exceptions, sections 2767, 2796, 2811, 
2813 and 3973. 

5. Board determines amount necessary. It is wholly within the discre- 
tion of the board to determine the amounts required for the contingent and 
teachers' funds. 41 Iowa, 153. Any vote of the electors with reference to 
these amounts is only suggestive, and is not at all binding. 

6. Limit of levy. This section limits the amount which may be levied for 
any one year, to fifteen dollars per scholar for teachers' fund, five dollars 
per scholar for contingent fund, and five dollars per scholar extra when 
necessary for transportation of pupils; but authorizes the levy of seventy- 
five dollars for contingent, and two hundred and seventy dollars for teach- 
ers' fund for each regular school, even if the levy thereby exceeds five and 
fifteen dollars per scholar, for these funds. When free text-books have been 
authorized, an additional amount not exceeding one and one-half dollars 
for each person of school age may be estimated for the contingent fund. 
Section 2825. 

7. Maximum levy. If the amount of schoolhouse tax voted and certified 
by the board of directors in any one year exceeds the limit whicn tue 
board of supervisors is allowed to levy under the provisions of this sec- 



SCHOOL LAWS OF IOWA 99 

tion, it is the duty of the board of supervisors to levy only the maximum 
amount authorized by law. Section 2807. 

8. Apportionment of funds. The teachers' and contingent funds are not 
to he apportioned among the subdistricts, but levied uniformly on the tax- 
able property of the school township. 

9. When not apply. The first provision in this section does not apply 
where a larger tax is required to meet the interest on valid outstanding 
bonds. 69 Iowa, 612. Section 2813. 

10. Minimum levy. The second provision in this section was added for 
the relief of sparsely settled communities, in which five dollars per scholar 
for contingent fund and fifteen dollars per scholar for teachers' fund, is not 
adequate to maintain schools for the time required by law. 

11. How compel secretary to certify. To determine conclusively whether 
it is the duty of the secretary to certify a tax supposed to have been voted 
by the voters, but with regard to which vote there is some doubt, an appli- 
cation to a court for a writ of mandamus or injunction, as the case may be, 
will secure a settlement of all questions involved. 

12. A school corporation not a municipality. A school district is not a 
municipality within the meaning of chapter 62, section 14, laws of 1894 
(code, section 2445) and cannot claim one-half of the mulct tax. 102 Iowa, 5. 

13. When levy unnecessary. If the board finds a sufficient amount of 
teachers' fund and contingent fund on hand and in sight to support the 
schools for the current year, it may decline to certify any amount to be 
raised under this section. 

14. Taxes — laches — estoppel. 123 Iowa, 55. 

15. Taxes — ^recovery. 109 Iowa, 606. 

Sec. 2807. Levy by board of supervisors. The board of supervisors 
shall at the time of levying taxes for county purposes levy the taxes 
necessary to raise the various funds authorized by law and certified 
to it under this chapter, but if the amount certified for any such fund 
is in excess of the amount authorized by law it shall levy only so much 
thereof as is authorized by law. If a schoolhouse tax is voted at a 
special meeting and certified to said board after the regular levy is 
made, it shall at its next regular meeting levy such tax and cause 
the same to be forthwith entered upon the tax list to be collected as 
other school taxes. It shall also levy a tax for the support of the 
schools within the county of not less than one nor more than three 
mills on the dollar on the assessed value of all the taxable property 
within the county. [C. 73, §§ 1779-80; R., §§ 2057, 2059.] 

Notes: 1. Transfer. A board of review has no authority to transfer 
property from one school corporation to another for assessment. 108 N. 
W., 220. 

2. Taxes — liability. Property in a school corporation at the time of the 
levy of a schoolhouse tax is liable for the tax, though not a part of the 
corporation at the time the tax was voted. 108 N. W., 528. 

3. Excessive schoolhouse tax. The fact that the electors at their meeting 
voted a schoolhouse tax in excess of that which is legal to be levied in one 
year does not render the election void. 

See. 2808. Apportionment. The county auditor shall on the first 
Monday in April and the first Monday in October of each year, appor- 
tion to the school tax, togteher with the interest of the permanent 
school fund and rents on unsold lands to which the county is entitled 
as shown in the notice from the auditor of state, and all other money 
in the hands of the county treasurer belonging in common to the schools 



100 SCHOOL LAWS OF IOWA 

of the county and not included in any previous apportionment among 
the several corporations therein, in proportion to the number of per- 
sons of school age, as shown by the report of the county superintendent 
filed with him for the year immediately preceding. He shall immediately 
notify the county treasurer of such apportionment and of the amount 
due thereby to each corporation. The county treasurer shall there- 
upon give notice to the president of each corporation, and shall pay out 
such apportionment moneys in the same manner that he is authorized 
to pay other school moneys to the treasurers of the several school 
districts. [32 G. A., ch. 151, § 3; 27 G. A., ch. 94; C. 73, §§ 1781-2, 
1841; R., §§ 1966, 2060-1] 

Notes: 1. Warrant foi*. This warrant must be signed by the president 
and countersigned by the secretary, to authorize payment of the amount 
named therein upon presentation by the district treasurer. Form 16. 

2. Basis of apportioninent — review. The auditor, in making the appor- 
tionment, performs a ministerial duty and is without authority to review the 
school census. Ill N. W., 943. 

Sec. 2809. Auditor to report. The county auditor, shall on the first 
Monday in January of each year, forward to the superintendent of 
public instruction a certificate of the election or appointment and 
qualification of the county superintendent, and shall also on the first 
day of January of each j^ear make out and transmit to the auditor of 
state, in accordance with such forms as said auditor may prescribe, a 
report of the amount of permanent school fund held by the county 
and also the amount of interest due prior to January first, still remain- 
ing unpaid, and shall file said report with the auditor of state on or 
before the first day of February. [32 G. A., ch. 151, § 2; C. '73, § 
1783.] 

Notes: 1. Certificate of election. This certificate should be forwarded to 
the superintendent of public instruction as soon as the qualification and 
bond, properly approved, have been filed in the office of the county auditor. 

2. What certificate should show. The certificate should in all cases certify 
to the qualification as well as the election or appointment of the county 
superintendent, for although he may be properly elected or appointed, yet 
he cannot be recognized until it is known that he has taken the necessary 
oath of office, and that his bond is approved. 

3. In case of change. Whenever any change is made by resignation or 
otherwise, a certificate of the appointment and qualification of a successor 
should be immediately forwarded. Forms 37 and 38. 

Sec. 2810. Taxes paid over. Before the third Monday of January, 
April, July and October in each year, the county treasurer shall give 
notice to the president of the board of each school corporation in the 
county of the amount collected for each fund to the first day of such 
month, and the president of each board shall draw his draft therefor, 
countersigned by the secretary, upon the county treasurer, who shall 
pay such taxes to the treasurers of the several school boards only on 
such draft. He shall also keep the amount of tax levied for schoolhouse 
purposes separate in each subdistrict where such levy has been made 
directly upon the property of the subdistrict^ and shall pay over the 



SCHOOL LAWS OF IOWA 101 

same quarterly to the treasurer of the school township for the benefit 
of such subdistrict. [C. 73, §§ 1784-5.] 

Notes: 1. Certify amount collected. It is the duty of the county treas- 
urer to notify the president of the board of each district, quarterly, of the 
amount collected for each fund and pay it to the district treasurer on the 
warrant of the president countersigned by the secretary. Form 39. 

2. AVhen draft is drawai. Whenever a draft is drawn on the county 
treasury, it is the duty of the secretary to charge the district treasurer with 
the amount named in the draft, keeping a separate account with each fund. 
Section 2761. 

3. Funds kept separate. The four funds — teachers', schoolhouse, con- 
tingent and school building bond fund — must be kept separate by the county 
treasurer, as directed in this section, to enable school officers to comply 
with the law in the discharge of their official duties. Sections 2761, 2762, 
2768 and 2769. Form 39, 

4. Division reported by county treasurer. The division of funds made by 
the county treasurer must be respected by the board, unless the electors 
direct schoolhouse funds unappropriated transferred to other funds. This 
is the only transfer provided for by law. Section 2749. 

Sec. 2811. Judgment tax. When a judgment shall be obtained 
against a school corporation, its board shall order the payment thereof 
out of the proper fund by an order on the treasurer, not in excess, how- 
ever, of the funds available for that purpose. If the proper fund is 
not sufficient, then, unless its board has provided by the issuance 
of bonds for raising the amount necessary to pay such judgment, the 
voters thereof shall at their annual meeting vote a sufficient tax for 
the purpose. In case of failure or neglect to vote such a tax, the 
school board shall certify the amount required to the board of super- 
visors, who shall levy a tax on the property of the corporation for the 
same. [18 G. A., ch. 132, § 6 ; C. '73, § 1787 ; R., § 2095.] 

Notes: 1. No order has preference. An ofder drawn under this section 
is not entitled to payment to the exclusion of other orders. 40 Iowa, 620. 

2. Bonds to pay judgments. Judgment indebtedness may be converted 
into bonded indebtedness, but not beyond the constitutional limit. 

3. Limit of indebtedness. See sections 2820-a to 2820-d. 

BONDS— INDEBTEDNESS 

Sec. 2812-b. Repeal. That chapter one hundred and forty (140) 
laws of the thirty-first general assembly, be and the same is hereby 
repealed and the following sections enacted in lieu thereof. [29 G. A., 
ch. 127; 28 G. A., ch. 142; 27 G. A., ch. 95; 21 G. A., ch. 95; 18 G. A., 
ch. 51, ^ 1, 3; 18 G. A., ch. 132, §§ 1-5; 16 G. A., ch. 121; C. '73, 
§§ 1821-2; 31 G. A., ch. 140; 32 G. A., eh. 152, § 1.] 

Sec. 2812-c. School funding bonds. The board of directors of any 
school corporation may issue the bonds of said school corporation 
to pay any judgment against said school corporation or any indebted- 
ness represented by bonds heretofore lawfully issued. Said bonds 
shall be known as school funding bonds and shall be authorized by 
resolution of the board. The proceeds derived from said bonds shall 
be applied in payment of any such outstanding judgment or bonded 
indebtedness, or said bonds may be exchanged for outstanding judg- 
ments or bonds, par for par. [32 G. A., ch. 152, § 2.] 



102 SCHOOL LAWS OP IOWA 

Notes: 1. When issued. Bonds voted under the provisions of this sec- 
tion may be issued and sold as the necessities of the school corporation 
require. 

2. Funding bonds. This section authorizes the board of directors of any 
school corporation to issue funding bonds without a vote of the electors, but 
the board cannot issue school building bonds without a vote of the electors. 
See section 2812-d. 

3. Taxes — bonds. There is no intimate connection between the levy of 
taxes and an outstanding bonded indebtedness. The levy of taxes is not 
intended by the law to be considered as an outstanding indebtedness. The 
limit of bonded indebtedness is fixed by chapter 41, laws of 1900. The 
limit for levy of taxes by sections 2749, 2806-7, 2813. See 1306-b and 
2820-a. 

Sec. 2812-d. School building bonds. For the purpose of borrow- 
ing money necessary to erect, complete, equip, furnish or improve a 
school house, or to purchase sites therefor, the board of directors of 
any school corporation, when they have been heretofore, or when 
they may hereafter be authorized by the voters at the annual meeting 
or at a special meeting called for that purpose, may issue the negotiable 
interest bearing bonds of said school corporation; said bonds to be 
known as school building bonds. [32 Gr. A., ch. 152, § 3.] 

Notes: 1. Valuation — tax lists. As indicating the valuation of the dis- 
trict, the tax lists may not be taken into account until after the levy of the 
taxes in September. 70 Iowa, 230. 

2. Defeat of proposition — eflfect of. The fact that the vote for bonds was 
defeated will not prevent the board from calling another election at any 
time wheii it thinks best to do so. 

3. Issue not mandatory. While a vote to issue bonds is regarded by the 
courts as somewhat in the nature of permissive authority to the board, yet 
a board may not attempt to defeat the wish of the voters clearly expressed. 
Decisions, 75, laws of 1897. 

4. Compliance necessary. In the matter of issuing bonds, every legal re- 
quirement should be scrupulously adhered to, in order that not even the 
slightest irregularity may be urged against the validity of the bonds, when 
they come to be negotiated. 

5. Rights of interested persons. If a board takes an action calculated 
to thwart the will of the voters, perhaps any person interested could secure 
from a court a writ directing the board to proceed in the line of fulfilling 
the expressed wish of the voters. 

Sec. 2812-e. Form — duration — ^rate of interest — where registered. 

All of said bonds shall be substantially in the form provided for county 
bonds, but subject to changes that will conform them to the action of 
the board providing therefor, shall run not more than ten years, except 
that in independent districts having, at the time of issuance of any 
bonds, other bonds outstanding amounting to not less than four hun- 
dred thousand dollars, any bonds in excess of such amount may in the 
discretion of the board be made to run for any period or periods not 
exceeding twenty years, and may be sooner paid if so nominated in the 
bond; be in denomination of not more than one thousand dollars 
($1,000) or less than one hundred dollars ($100.00) each, to bear a rate 
of interest not exceeding five (5) per centum per annum, payable semi- 
annually, to be signed by the president and countersigned by the sec- 
retary of the board of directors, and shall not be disposed of for less 



SCHOOL LAWS OF IOWA 103 

than par value, -nor issued for other purposes than this chapter pro- 
vides. All of said bonds shall be registered in the office of the county 
auditor. The expenses of engraving and printing of bonds may be 
paid out of the contingent fund. [ 33 G. A., ch. 83, § 1 ; 32 G. A., ch. 
152, § 4.] 

Sec. 2812-f. Redemption — treasurer to keep record. Whenever the 
amount in the hands of the treasurer, belonging to the funds set aside 
to pay bonds, is sufficient to redeem one or more of the bonds which by 
their terms are subject to redemption, he shall give the owner of said 
bonds thirty (30) days' written notice of the readiness of the district 
to pay and the amount it desires to pay. If not presented for payment 
or redemption within thirty days after the date of such notice, the 
interest on such bonds shall cease and the amount due thereon shall be 
set aside for its payment whenever it is presented. All redemptions 
shall be made in the order of their numbers. The treasurer shall keep 
a record of the parties to whom the bonds are sold, together with their 
postoffice addresses, and notice mailed to the address as shown by such 
record shall be sufficient. [32 G. A., ch. 152, § 5.] 

Sec. 2813. Tax to pay bonds or money borrowed. The board of 
each school corporation shall, at the same time and in the same manner 
as provided with reference to other taxes, fix the amount of tax nec- 
essary to be levied to pay any amount of principal or interest due or 
to become due during the next year on lawful bonded indebtedness, 
which amount shall be certified to the board of supervisors as other 
taxes, and levied by them on the property therein as other school 
taxes are levied, but such tax shall not exceed five mills upon the dollar 
of the assessed valuation of such property for money borrowed for 
improvements. [27 G. A., ch. 95 ; 18 G. A., ch. 51, § 2 ; 18 G.A., ch, 132, 
§ 6; C. 73, § 1823.] 

Note: It is the duty of the board to certify whatever amount is neces- 
sary to pay principal and interest on bonds. 69 Iowa, 612. 

SCHOOL SITES. 

Sec. 2814. Repeal — schoolhouse sites — acquisition. Any school cor- 
poration may take and hold so much real estate as may be required 
for schoolhouse sites, for the location or construction thereon of school- 
houses, and the convenient use thereof, but not to exceed one acre, 
exclusive of public highway, except in a city, town, or village it may 
include one block exclusive of the street or highway as the case may 
be ; or in districts consolidated under the provisions of section twenty- 
seven hundred and ninety-nine (2799) of the code, or chapter one 
hundred and forty-one (141) of the laws of the thirty-first general 
assembly, or in school townships holding not more than two sites, 
may consist of not to exceed four acres, for any one site, unless by the 
owner's consent, which site must be upon some public road already es- 
tablished or procured by the board of directors and shall, except in 
cities, towns, or villages, be at least thirty rods from the residence of 



104 SCHOOL LAWS OP IOWA 

any owner who objects to its being placed, nearer, and not in any 
orchard, garden or public park. [32 G. A., eh. 153; C. 73, §§ 1825-6.] 

Notes: 1. Purchase. The board should, if possible, purchase a site. 

2. Enlarging. A site of less than one acre may be enlarged to an acre. 

3. Not include road. The acre authorized to be set apart may be so 
measured as not to include any portion of the highway. 101 Iowa, 556. 

4. Thirty rods. The objection of an owner living within thirty rods on 
the opposite side of a site will not prevent an addition to the site on the side 
away from the residence, so as to include an entire acre. 

5. Appeal. From an order of the board making a location of a site to be 
secured by condemnation, an appeal will lie the same as from any other 
order of the board. 

6. Incumbered property. Property incumbered, occupied as a homestead, 
or belonging to minor heirs, may be taken under the provisions of this 
section. 

7. Condemn. If the district cannot establish its claim to the school- 
house site, owing to the loss of the deed, or for other reason, and the owner 
refuses to sell or lease the site, the district may avail itself of the provisions 
of this and the following sections and secure a site not to exceed one acre. 

8. When provisions do not apply. When purchased, the provisions of this 
section do not apply. The district stands in the same relation to the pub- 
lic and to individuals, in this respect, as do other corporations, and may 
purchase whatever amount of land may be necessary for school purposes. 

9. Location. All sites taken under the provisions of these sections must 
be located on a public road, and at least thirty rods from the residence of 
the owner of the site so taken if he objects to its being placed nearer. 
A person not the owner of the land upon which the site is located cannot 
legally object if the site is located nearer than thirty rods from his resi- 
dence. In cities, incorporated towns, or villages, this prohibition does not 
apply. Decisions 86, School Laws 1892. 

10. How measured. When a site is sought to be condemned, the distance 
of thirty rods mentioned in this section, is measured from the nearest part of 
the residence to the nearest part of the site, in a straight line. 

11. Rebuild. Boards may rebuild on sites without consent of owners of 
residences within thirty rods. 

12. Ten years' use. Under the Iowa statute of limitations, ten years' use 
of a highway by the public, under a claim of right, will bar the owner of 
the soil. 19 Iowa, 123. 

13. Title by prescription. If the public, with the knowledge of the owner 
of land, has claimed and continuously exercised the right of using the same 
for a public highway, for a period equal to that fixed by the statute for the 
limitation of real actions, a complete right to the highway thereby be- 
comes established against the owner, unless it appears that such use was 
by favor, leave or mistake. 22 Iowa, 457. Code, section 3004. 

14. When mortgaged. In case the land desired for a school site is under 
mortgage, the district may receive from the owner the lease of a portion not 
to exceed the authorized amount, to be held by the district as long as 
used for school pui^oses, and when no longer so user, to revert to the 
owner. 

15. Title. If a district is in continuous possession under claim of own- 
ership for more than ten years, it becomes the absolute owner of the fee 
title. 93 Iowa, 45, and 94 Iowa, 676. 

16. Include highways — when. When land is purchased for a site, it will 
include a part of the highway on which it is situated, unless otherwise stipu- 
lated in the deed. 

17. Four acres. In consolidated corporations and school townships hold- 
ing not to exceed two sites, four acres may be acquired for a site. 



SCHOOL LAWS OF IOWA 105 

Sec. 2815. Condemnation, If the owner of the real estate desired 
for a sehoolhouse site, or a public road thereto, refuses or neglects to 
convey the same, or is unknown or cannot be found, the county super- 
intendent of the proper county, upon the application of either party 
in interest, shall appoint three disinterested referees, unless a less 
number shall be agreed upon, who shall take and subscribe an oath to 
the effect that they will faithfully and impartially discharge the duties 
laid upon them, due notice having been given by the superintendent 
to the owner of the time and place of making the assessments of dam- 
ages as and for the length of time required for the commencement of 
actions in the district court; such referees shall inspect the grounds 
proposed to be taken, fix the damages sustained as near as may be on 
the basis of the value of the real estate so appropriated, and report in 
writing to the superintendent their doings and findings, which report 
shall be filed and preserved in his office ; and upon the amount found 
by the referees being deposited with the county treasurer, for the 
use of the owner, possession may at once be taken and the necessary 
building or buildings erected and occupied. From the assessment so 
made either party may appeal to the district court by giving notice 
thereof as in case of taking private property for works of internal 
improvement within twenty days after receiving notice of the award 
made. If such appeal is not takeu, the assessment shall be final; if 
taken, the board may proceed with the construction of improvements, 
of the deposit hereinbefore provided has been or shall be made. Upon 
such appeal the school corporation shall not be liable for costs unless 
tlie owner shall be allowed a greater sum than given by the referees; 
all costs in making the referees' assessment to be paid by the school 
corporation. [C. '73, § 1827.] 

Notes: 1. Service. If personal service cannot be made, the notice must 
be published in a newspaper. If the owner of the land lives in the county, 
notice must be served on him at least ten days before the time set for the 
assessnient of damages. If the owner or parties having an interest therein 
reside outside of the county and in the same judicial district, fifteen days' 
notice must be given. If outside of the judicial district but in the state, 
twenty days' notice. If parties live outside of the state, the notice must be 
published once a week for four conscutive weeks in some newspaper pub- 
lished in the county. Code, sections 3514-3544. Forms, 40, 41, 42, 43 
and 44. 

2. Oath to referees. The oath to the referees may not be administered by 
the county superintendent by reason of his office. Such oath may be 
administered by some one empowered in a general way to administer oaths. 
One referee may administer the oath to another referee. Code, section 393. 
A district may condemn a full acre of land. 101 Iowa, 556. 

3. Opening road. If the land cannot be procured by contract, the road 
may be established in the same manner and by the proceedings provided 
for the establishment of highways, and when the damage has been assessed, 
the district may pay the same. Sections 1482-1517. Decisions, 81. 

4. Lease — approvaL As a matter of safety, a lease should be executed in 
duplicate, one to be held by the secretary of the board, and the other by the 
lessor. The lease should be approved by the board, as in case of a 
contract, and should be filed with the secretary. 

5. Notice of appraisal. Suflficient time must be allowed between the ap- 
pointment of this commission and the time set for appraising the damages to 
give the owner legal notice thereof. Code, sections 3517 and 3540. 



106 SCHOOL LAWS OF IOWA 

6. Compensation of referees. The referees are entitled to two dollars 
for each day's services, and ten cents per mile from their residence to the lo- 
cation of the property appraised. Code, sections 354 and 1290. 

7. Holder of tax certificate. The holder of a tax certificate on property 
sought to be condemned is an owner in such sense that he is entitled to notice. 
50 Iowa, 663. 

8. When owner cannot be fovind. When the owner of land taken is un- 
known, or cannot be found, it is not necessary to print the report of ap- 
praisement, or to attempt other notice to said owner than the printed notice 
required by this section. It is suflicient for the county superintendent to send 
a certified copy to the board. 

9. Possession — deposit. If the board has deposited with the county treas- 
urer the amount assessed by the referees in accordance with this section, 
we think the courts would hold that the district had come into possession 
of the site, or would be entitled to the use of the road. 

10. Money deposited. The money deposited with the county treasurer 
should be held for the benefits of the owner of the fee, and not for the 
mortgagee. 

11. Value of receipt. Since the receipt of the treasurer for the money 
deposited with him for the owner of the land, may be the only evidence of 
title, such a receipt should have a full description of the property, and should 
be recorded by the county recorder. 

12. Deed not necessary. No deed or other instrument from the owner is 
required to authorize the district to occupy the land for school purposes. The 
proceedings should be recorded in full by the district secretary. 

13. Should be recorded. All deeds for school property should be re- 
corded with the county recorder, and the proceedings relating to the ac- 
quisition of such property should be recorded in full by the district secre- 
tary. 

14. Abandonment — condemnation — -damages on appeal. A district may 
abandon the improvement and decline to pay the amount assessed. 113 
Iowa, 486. 

15. Application to supervisors. When land sought to be taken for a road 
has been legally condemned, and the amount found by the referees has 
been deposited with the county treasurer, application should be made by 
the board to the board of supervisors for the establishment of the road un- 
der sections 1482-1517. 

16. Petition by electors. Petition to the board of supervisors may be made 
by the electors as individuals. 110 Iowa, 707. 

17. School property not exempt. The property of school districts in cities 
and towns is not exempt from special taxation, for improvement of streets and 
laying of sidewalks. 55 Iowa, 150. 

18. Road — 'how established. A road to the schoolhouse may be estab- 
lished in the same manner and by the proceedings provided for the estab- 
lishment of highways in general, and when the damages have been assessed, 
the district may pay the same. Sections 1482-1517. 

19. Expense intended. The expense that is intended shall be paid by the 
district is not more than that of surveying, locating and establishing the 
highway. The building of bridges and the repair of the road with the funds 
of the district would not be warranted by the law. 

20. Under control of. After a highway has become legally established it is 
wholly and entirely under the control of the board of supervisors. Code, 
section 1482. 

21. Private way — permissive use. The use by a non-owner of a private 
road is permissive and does not vest in him prescriptive rights in the same. 
123 Iowa, 620. 

22. Condemnation — appeal — ^notice. It is proper to serve notice of appeal 
on the county superintendent before whom condemnatory proceedings were 
CQinmenced. 113 Iowa, 486. 



SCHOOL LAWS OF IOWA 107 

Sec. 2816. Reversion. If any school district wholly outside any city 
or incorporated town, in the case of non-user for school purposes for 
two years continuously of any real estate acquired for a school house 
site it shall revert, with improvements thereon, to the owner of the 
tract from which it was taken, upon repayment of the purchase price 
without interest, together with the value of the improvements, to be 
determined by arbitration, and upon such payment the school corpo- 
ration shall make formal conveyance to such owner. During its use 
the owner of the right of reversion shall have no interest in or control 
over the premises. [34 G. A., ch. 144; C, 73, § 1828.] 

Notes: 1. Reversionary clause. In case of the donation of a schoolhouse 
site, the following reversionary clause may be appended to the deed: "Pro- 
vided, that if, for the space of two consecutive years said premises shall cease 
to be used for school purposes, the same shall revert to the original donor, 
his heirs or assigns, without legal hindrance or expense." 

2. Receipt should describe site. Since the receipt of the treasurer for the 
money deposited with him, for the owner of the land, may be the only 
evidence of title, such receipt should have a full description of the property, 
and contain this proviso in addition to note 1 above: "Upon the repayment 
of the principal amount paid by the district, without interest, together with 
the value of any improvements thereon made by the district," and the re- 
ceipt should be recorded by the county recorder. 

3. When not non-user. When consent of county superintendent is secured 
to the closing of a school, the corporation may not be considered a non-user. 
See sections 2773, 2774. 

Sec. 2817. Use of barbed wire. Barbed wire shall not be used to 
enclose any school buildings or grounds, nor for any fence or other 
purpose within ten feet of any such grounds. Any person violating 
the provisions of this section shall be punished by fine not exceeding 
twenty-five dollars. [20 Q. A., ch. 103.] 

Note: See also sections 2773, 2745-a and 2745-b. 

APPEAL. 

Sec. 2818. Appeal to county superintendent. Any person aggrieved 
by any decision or order of the board of directors of any school cor- 
poration in a matter of law or fact may within thirty days after the 
rendition of such decision or the making of such order, appeal there- 
from to the county superintendent of the proper county; the basis of 
the proceedings shall be an affidavit filed with the county superintend- 
ent by the party aggrieved within the time for taking the appeal, 
which affidavit shall set forth any error complained of in a plain and 
concise manner. [C. '73, §§ 1829-31; R., §§ 2133-5.] 

Notes: 1. Matters not appealable. There are many matters that may 
not properly be brought before the county superintendent on appeal. From 
time to time questions are likely to arise upon which the board should be gov- 
erned by its best judgment, or by competent legal advice. 

2. Official opinions — jurisdiction. School officers should not express an 
official opinion upon matters entirely outside of their jurisdiction. Upon 
these subjects it is therefore useless to expect county superintendents, or this 
department, to give any other than general information, such as is pre- 
sumably already within the knowleds:e of thoRe applying. 



108 SCHOOL LAWS OF IOWA 

3. Affidavit of appeal — effect of. The filing of an affidavit of appeal has 
the effect of arresting all action by the board in relation to the matter ap- 
pealed from until the appeal is disposed of. 

4. Statu quo. During the pendency of an appeal a;ll matters must re- 
main in statu quo, and this can be enforced by writ of injunction. No opinion 
relating to matters involved in an appeal will be given by this department. 

5. Affidavit. An affidavit is a written declaration sworn to before some 
officer authorized to administer oaths. Code, section 4673. 

6. Jurisdiction — affidavit. A county superintendent can have no juris- 
diction of an appeal case until the affidavit has been filed. Decisions, 5. 

7. Affidavit necessary. A notice of intention to file an affidavit, a verbal 
complaint, or a petition, is not sufficient to give the county superintendent 
jurisdiction in appeal cases. Form 45. 

8. Affidavit — contents. The affidavit should contain a statement of the 
decision complained of and its date, a statement of facts showing that the 
appellant has an interest in the decision and is injuriously affected by it, 
and the assignmient of errors. Form 45. 

9. Affidavit must be clear. An affidavit of appeal, to be of any value, 
must be sufficiently clear to enable the county superintendent to call upon 
the secretary for a complete transcript of an action that must be described 
so as to be identified. 

10. Title of case. This affidavit being the first paper filed, care should 
be taken that the case is properly entitled, and this title should be pre- 
served throughout the further progress of the appeal. The date of filing 
should be indorsed upon the affidavit by the superintendent. 

11. Notice of filing — effect. When a board receives official notice that an 
affidavit of appeal from its order has been filed, all action by the board in re- 
lation to the matter appealed from will be suspended until the decision in 
appeal has been given. 

12. Right of appeal. The right of appeal is limited to persons aggrieved or 
injuriously affected by the decision or order complained of. Decisions, 21, 33. 

13. AVhen barred. If a person aggrieved by a decision or order of the 
board fails to protect his rights by taking an appeal within the thirty days 
prescribed, he is barred by the statute from the remedy of appeal. 

14. Computing time. In computing time the first day shall be excluded 
and the last included, unless the last falls on Sunday, in which case the 
time prescribed shall be extended so as to include the whole of the follow- 
ing Monday. Code, section 48, subsection 23. 

15. Discretionary act — weight of. When the act complained of is of a 
discretionary character, the action of the board should be sustained, unless 
it is clearly shown that the board violated law, abused its discretion, or 
acted with manifest injustice. Decisions, 44, 57, 61, 66. 

16. Choice of remedies. In certain cases an aggrieved party has a choice 
of legal remedies. 56 Iowa, 476. 

17. 3Iandamus. As an appeal often consumes valuable time, mandamus 
is sometimes a more speedy as well as a better remedy, to compel the per- 
formance of an official duty. Decisions, 13, 39. 

18. Mandatory — mandamus. Where the law is mandatory in requiring 
the board to act upon a petition, the remedy for its refusal is mandamus 
and not appeal. 86 Iowa, 669. 

19. Violation of mandatory lavF — mandamus. When a board violates a 
mandatory requirement, application by an interested party to a court for 
a writ to compel the board to act as directed by the statute is the more 
speedy and preferable remedy. 44 Iowa, 432; 5 Iowa, 648, and 71 Iowa, 
632. Decisions, 39. 

2 0. Certiorari. A writ of certiorari is never used to correct a mere 
error, but only to test the jurisdiction of the tribunal and the legality of 
its action. 118 Iowa, 519; 55 Iowa, 215. 

21. When appeal will lie. That an appeal may lie there must be an 
order or action by the board. To compel an action, appeal is not the remedy, 
but application to a court of law. Decisions, 93. 



SCHOOL LAWS OF IOWA 109 

22. Action of board defined. By an action of the board is meant a vote 
taken by it and made of record at a meeting legally constituted. The board 
may at any time correct mistakes in its record, or supply omissions. 

23. When no appeaL Appeal cannot be taken where the board simply 
refuses or neglects to act. 71 Iowa, 632. 

24. Remedy in case of neglect. In case of wilful neglect or intentional 
failure to take action as intended by the law, the remedy for any party 
aggrieved is application to a court for a writ to require the board to con- 
sider and act upon the important matter brought? to its attention. And its 
order when made of record will then be subject to be made the basis of 
an appeal. 

2 5. Complete record. If desirable to clear the record, or to make a mat- 
ter plain beyond question, sometimes the board may re-enact all its former 
transactions with regard to the matter involved. If it is supposed that the 
board took an action which purposely was not made a matter of record, 
it may be compelled by an order of court to complete its record. 

26. Initiatory step — no appeal. No appeal may be taken from the action 
of the board taking the initiatory step, while it requires the concurrence 
of another board to complete the action. The concurrence or refusal of 
the second board is the order from which an appeal may be taken. Note 
13 to section 2802. 

27. To lay on table. An appeal may be taken from an action of the 
board to lay a petition on the table. Decisions, 101. 

28. Jurisdiction de novo. In an appeal to the county and state super- 
intendent of public instruction, from the action of the board fixing bound- 
aries, the superintendents have jurisdiction de novo, and can enter any 
order that the board could have made in the matter. 110 Iowa, 6-52; 9 5 
Iowa, 300; 69 Iowa, 161. For contrary opinion see Jos. Doubet vs. Ind. 
Dist. Clearfield, 111 N. W., 326. 

29. Discharge— effect of appeal. An appeal to the county superintendent 
settles conclusively the wrongfulness of the teacher's discharge, though 
such appeal was determined on the ground that plaintiff had not been given 
a hearing before the board of directors, and not on the merits of the case. 
110 Iowa, 313. 

30. Burden of proof. In a trial before the county superintendent on an 
appeal from an action of the board discharging a teacher, the burden of 
proof is on the board. Decisions, 116. 

31. Review of actions of boards. While the review of the action of a 
school board with reference to a matter within its jurisdiction is by appeal 
to the county superintendent, yet the question of whether the board had 
power to make a certain rule for the government of the schools, can be 
reviewed by the court in a mandamus proceeding. 129 Iowa, 441. 

32. Discretionary acts — appeal. W^hen a county superintendent is exer- 
cising a discretionary act the courts will not" interfere and any abuse of 
discretion must be remedied on appeal. 110 Iowa, 30. See also 93 Iowa, 
269. 107 Iowa, 29, differs. 

33. Notice of appeal — on whom served. Notice served on the president 
of the board is held to be sufficient. 113 Iowa, 486. 

34. Expediency — i-eview of. A question of expediency cannot be re- 
viewed by certiorari. 61 Iowa, 334. 

35. Appeal — when necessary. Before an action for damages may be 
maintained, the wrongfulness of the discharge must be determined by ap- 
peal. Section 2782, 53 Iowa, 585. See note 29. But the remedy of one dis- 
charged on the ground of illegalitv of contract is by an action in court. 107 
Iowa, 2 9. 

Sec. 2819. Hearing and decision. The county superintendent sball, 
within five days after the filing of such affidavit in his ofifiee, notify the 
secretary of the proper school corporation in -writing of the taking 
of such appeal ; the latter shall, within ten days after being thus notified, 



110 SCHOOL LAWS OP IOWA 

file in the office of tlie county superintendent a complete transcript of 
the record and proceedings relating to the decision complained of, 
which transcript shall be certified to be correct by the secretary ; after 
the filing of the transcript aforesaid the county superintendent shall 
notify in writing all persons adversely interested of the time and 
place where the matter of the appeal will be heard by him. At the 
time fixed for the hearing he shall hear testimony for either p^rty, 
and he shall make such decision as may be just and equitable, which 
shall be final unless appealed from as hereinafter provided. [C. 73, § 
1832-4; K, §§ 2136-8.] 

Notes: 1. Notice of appeal. The notice should describe the decision or 
order appealed from, so that it may be identified, and should require the 
district secretary to file the transcript with the superintendent within the 
time specified. The notice may be served personally or sent by mail. 
Form 46. 

2. Secretary's transcript. The secretary shall make and forward a tran- 
script or copy of the record of all actions of the board relating to the 
decision or order appealed from; also of all petitions, remonstrances, plats, 
and other papers pertaining thereto. The original papers must be pre- 
served with the district records. Form 47, 

3. Basis of appeal. The basis of an appeal is the recorded action of the 
board. If the secretary certifies that there is no record of an action by 
the board in any such matter as is described in the notice for a transcript, 
then it will be impossible to carry forward the appeal. Notes 22 to 24, 
section 2818. 

4. Effect of delay in filing transcript. A failure to file the transcript 
will not affect the proceedings in any other way than to cause delay. The 
secretary will take the risk of censure by a court for failure to attend to 
his official duty. Decisions, 34, Laws of 1897. 

5. Date of hearing. The time to elapse between the filing of the transcript 
and the hearing of the appeal is not fixed by the statute. This is left to 
the county superintendent to determine. 

6. Notice of hearing. Notice of the time and place of hearing should 
be given to the appellant, to the secretary of the board, and to any other 
persons known to be directly interested. The notices may be served per- 
sonally or sent by mail. Form 48, 

7. Notice — to whom sent. The appellant, the president, the secretary of 
the board, and other parties known to be directly interested, should receive 
a copy of this notice. 

8. Date of filing — ^indorsement. The date of filing every paper should 
be indorsed thereon; also in the case of motions, orders and rulings of the 
county superintendent. All oral motions and an abstract of the testimony 
should be reduced in writing at the time of trial, 

9. Docket. The docket or minutes of the superintendent should com- 
mence by noting the filing of the affidavit. He will afterwards, as the acts 
transpire, record the sending of the notice of appeal to the district secre- 
tary, the filing of the transcript, the sending of notices of the hearing, 
and any adjournment of the case that may be granted. At the trial he will 
carefully note down the names of all parties appearing, and their postoffice 
address, and whether they appear for or against the appeal; also the tiling 
of all papers and names of witnesses, and in whose behalf such papers or 
witnesses are introduced. The decision of the superintendent will form 
an appropriate close of his minutes. 

10. Under oath. All evidence must be given under oath, and the sub- 
stance reduced to writing at the time by the county superintendent. It is 
recommended that a summary of what each witness testifies he made, read 
to the witness, and signed by him. It is of the first importance that the 
record of the testimony be full and accurate, as the decision of the county 



SCHOOL LAWS OF IOWA 111 

superintendent, also of the superintendent of public instruction, in case 
the appeal is carried up, must be based upon the record of evidence intro- 
duced. This testimony should be preserved with the other papers of the case. 

11. Introduction of evidence. While the county superintendent will not 
be prevented from entertaining and considering testimony not before the 
board, the general rule and practice should be no attempt to confine the 
hearing as far as practicable to the matters considered by the board and 
to the facts, statements and testimony, that were within the possession of 
the board at the time the action complained of, which is being reviewed 
by the county superintendent, was taken. 

12. Preserving order. In case of disturbance or interruption during the 
trial of an appeal before a county superintendent, as he is not invested with 
complete judicial power, he has only the ordinary remedy of complaint to 
the proper authorities. Code, section 5033. 

13. Call vpitness. The county superintendent may upon his own motion 
call any witness to the stand and have his testimony taken. 

14. Technicalities. While mere technicalities should not be permitted 
to prevent the attainment of justice, it is proper that as to evidence and 
practice the superintendent should be governed by many of the rules which 
ordinarily obtain in courts. 

15. Question to be detennined. The leading question to be determined 
by the county superintendent is whether in making the decision or order 
complained of, the board committed an error to such an extent as to require 
a reversal. 

16. Discretionary acts — weight of. Acts of a board purely discretionary 
in their nature should be given great weight. To warrant a reversal, posi- 
tive error must be found, and such error must appear clearly in the testi- 
mony. 

17. Remanding. When an appellate tribunal is unable to decide an appeal 
because the testimony is insufficient or the transcript of the action of the 
board is incomplete, and the facts are not sufficiently shown to determine 
what should be done, the case may be remanded for a new trial, or for 
further action by the board. 

18. Report of decision. To those interested in the issue of an appeal 
the county superintendent should send a statement of the result; that is, 
whether the order of the board was affirmed or reversed. 

19. Stenographer — evidence. The expense of a stenographer should not 
be incurred unless the parties to the case provide for defraying it. An 
abstract of the testimony of each witness should be made and should be 
signed by him before he is excused. See note 3, section 2821. 

20. Decision — jurisdiction. Section 2818, notes 2V to 34. 

Sec. 2820. Appeal to state superintendent — no money judgment. 

An appeal may be taken from the decision of the county superintendent 
to the superintendent of public instruction in the same manner as pro- 
vided in this chapter for taking appeals from the board of a school cor- 
poration to the county superintendent, as nearly as applicable, except 
that thirty days' notice of the appeal shall be given by the appellant to 
the county superintendent, and also to the adverse party. The de- 
cision when made shall be final. Nothing in this chapter shall be 
so construed as to authorize either the county or state superintendent 
to render judgment for money ; neither shall they be allowed any 
other compensation than is now allowed by law. All necessary postage 
must first be paid by the party aggrieved. [C. 73, §§ 1835-6; R., §§ 
2139-40.] 

Notes: 1. Appeals — manner of conducting. Appeals to the superinten- 
dent of public instruction are conducted in the same manner and governed 



112 SCHOOL LAWS OF IOWA 

by the same rules, so far as applicable, as appeals to county super- 
intendents. The basis of appeal must be an affidavit filed in the office of 
the superintendent of public instruction, within thirty days from the date of 
the decision appealed from. 

2. Notice to comity superintendent. Upon the filing of an affidavit the 
superintendent of public instruction will notify the county superintendent 
to forward a transcript of the papers in the case within thirty days. The 
original papers must be preserved on file in the county superintendent's 
office. 

3. County superintendent's transcript. When an appeal is taken to the 
superintendent of public instruction, the county superintendent must have 
a copy of the testimony and of his docket prepared. It is very desirable 
that this transcript should be in typewritten work. 

4. What included. The transcript of the county superintendent will 
consist of a literal copy of every paper filed and all indorsements thereon, 
together with a copy of all testimony given, the whole arranged in chrono- 
logical order, closing with the decisions of the county superintendent in full, 
with the certificate annexed. 

In filing transcripts, the county superintendent should use care in pre- 
paring the papers. They should be uniform in size and typewritten. In 
case maps and plats are used, they should be brought down to the proper 
size. All paper used in making a transcript should be 8 J inches by 13 
inches. Suitable margins should be left on every sheet. Each question and 
answer should be fully set out. See form 4. 

5. Transcript — a copy. The transcript in an appeal is supposed to be 
an exact copy of the papers and testimony in the case, preserved on file in 
the office of the county superintendent. Any one intersted maj^ claim the 
privilege of examining the original records in the case, at any proper time. 

6. Expense of stenogi-apher. It is obvious that the county superintendent 
himself should not be expected to pay for having a typewritten transcript 
•of the record made in an appeal to the superintendent of public instruction. 
Expenses of this character, closely connected by law with the work of the 
county superintendent's office, should be paid for by the board of super- 
visors in the same manner that assistance is furnished to other county 
officers when needed. 

7. Notice, The law requires that the appellant shall give thirty days' 
notice to the county superintendent, and also to the adverse party, of the 
taking of the appeal. This notice should be served as soon as the affidavit 
of appeal has been filed and proof of such service should be filed with the 
affidavit. The time for final hearing of the appeal will be fixed by the 
superintendent of public instruction, and may be at any time after thirty 
days from the filing of the affidavit. 

8. Appearance. At the 'hearing, parties interested may appear person- 
ally or by attorney, and argue their cases orally if they desire, or they may 
send arguments in writing or if possible, in typewriting. 

9. Source of data. The record of the case in the office of the county 
superintendent, which is a public record and open to examination by parties 
interested, will furnish all needed data, where access to transcript sent up 
is inconvenient. 

10. Original evidence. The superintendent of public instruction will not 
hear original testimony in cases submitted to him. Decisions, 50, Laws 
of 1897. 

11. Revocation of certificate — appeal. Any person aggrieved by the action 
of a county superintendent revoking a certificate may appeal to the super- 
intendent of public instruction, provided such appeal is taken within ten 
days from the mailing of the notice of revocation. Section 2 734-u. 



SCHOOL LAWS OP IOWA 113 

12. Decision — enforcement. A person in whose favor an appeal is de- 
cided has the remedy of a writ of mandamus from a court of law to enforce 
the decision of appeal. 69 Iowa, 533, and 72 Iowa, 379. 

13. Decision final. A decision in appeal by a county superintendent or 
the superintendent of public instruction is final in the sense that no court 
will attempt to review or set aside such a decision if the matters included are 
clearly within the jurisdiction of such school officers. 69 Iowa 533 and 
110 Iowa, 652. 

14. When board may take different action. An appeal decision does not 
always prevent the board from acting anew upon the matters involved in 
the appeal. If the order of a board is affirmed the board will be left free 
to take any action thought best by it; that is, it will have the same freedom 
to act that it would have if no appeal had been taken. 

15. Mandamus. Until the board has taken a different action no doubt 
mandamus will be a remedy to compel the board to carry into effect the 
appeal decision and the former action of the board. 

16. Remanding. If it is shown conclusively that a transcript is ma- 
terially defective, that valuable testimony heard upon the trial before the 
county superintendent is not included in the transcript, or that testimony 
which should not have been omitted was excluded, an appeal case may be 
remanded to the county superintendent for another trial. 

17. Reversing a reversal — effect. When the decision of the county su- 
perintendent on appeal, reversing the order of the board, is reversed by 
the superintendent of public instruction on the appeal to him, the effect 
of the last decision, which is final, is to affirm the original order made 
by the board, and the result of this is to leave the matter as entirely in the 
hands of the board as though no appeal had ever been taken from its action. 
Decisions, 57. 

18. Affirming a reversal — effect. But if the county superintendent reverses 
an order of the board and the superintendent of public instruction affirms 
the decision of the county superintendent, such decision will prevent the 
board from taking any action in the matter until some material change oc- 
curs, rendering such a new action necessary. Decisions, 40, 74. 

19. Postage. Payment for postage in advance will be reo.uired with the 
affidavit. It is impossible to tell what amount of postage will be needed in 
each case, and one dollar will be required to cover all needed postage. If the 
dollar does not accompany the affidavit, the filing Avill be delayed until the 
amount is received. 

2 0. Material change of conditions — different action. A material change 
of conditions in a corporation may warrant a board of directors in taking 
action different from that ordered by the county superintendent or superin- 
tendent of public instruction on appeal. Doubet v. Board of Directors, ill 
N. W., 326. See also 70 Iowa, 338. Decisions, 44. 

21. Witnesses — fees. Section 2 821 below. 

Sec 2820-a.^ Indebtedness authorized — amount. Any independent 
district containing, or contained in, any city, town or village, or any 
consolidated independent district shall be allowed to become indebted 
for the purpose of building and furnishing a school house or houses 
and procuring a site therefor, to an amount not to exceed in the aggre- 
gate, including all other indebtedness, four per centum of the actual 
value of the taxable ]n-operty within such independent school district, 
such value to be ascertained by the last county tax list previous to the 
incurring of such indebtedness, anything contained in section one 
thousand three hundred and six-b (i306-b) of the supplement to the 
code, 1907, to the contrarv notwithstanding. [34 G. A., ch 145 ; 33 G. 
A., ch. 184; 30G. A., ch. il4.] 

See. 2820-b. Petition. Provided, that before sueli indel)tedness can 



114 SCHOOL LAWS OF IOWA 

be contracted in excess of one and one-quarter per centum of the actual 
value of the taxable property ascertained as provided in this act, a 
petition signed by a number equal to twenty-five (25 per cent) per 
cent of those voting at the last school election, shall be filed Avith the 
president of the board of directors, asking that an election shall be 
called, stating the purpose for which the money is to be used, and that 
the necessary school house or houses cannot be built and furnished 
within the limit of one and one-quarter per centum of the valuation. 
[34 G. A., ch. 145 ; 33 G. A., ch. 184 ; 30 G. A., ch. 114.] 
Note: Qualified electors. See section 2747. 

Sec. 2820-c. Question submitted. The president of the board of 
directors, on receipt of such petition shall, within ten (10) days call a 
meeting of the board who shall call such election, fixing the time and 
place thereof, which may be at the time and place of holding the reg- 
ular school election. Four weeks notice of such election shall be 
given by publication once each week, in some newspaper published 
in the said town or city, or if none be published therein, in the next 
nearest town or city in the county. At such election the ballot shall be 
prepared and used in substantially the following form : 

Shall the (naming the independent district) issue bonds in the sum 

of dollars ($ ) for the purpose of constructing 

or equipping school houses. [33 G. A., ch. 184; 30 G. A., ch. 114.] 

Sec. 2820-d. Bonds. If a majority of all the electors voting as such 
election vote in favor of the issuance of such bonds, the board of direc- 
tors shall issue the same and make provision for the payment of the 
same and the interest thereon as provided in section twenty-eight 
hundred twelve-d (2812-d), twenty-eight hundred twelve-e (2812-e), 
twenty-eight hundred twelve-f (2812-f) and twenty-eight hundred 
thirteen (2813) of the supplement to the code, 1907. [33 G. A., ch. 184; 
30 G. A., ch. 114.] 

See. 2820-dl. Pending litigation — pending transactions. But this act 
shall in no wise affect pending litigation nor act or acts of any school 
board under the statute or statutes herein repealed but the transaction, 
if any, may be completed with the same force and effect as if the stat- 
ute were not repealed. [33 G. A., ch. 184.] 

Sec. 2820-d2. In effect. This act being deemed of immediate im- 
portance shall be in full force and effect on and after its publication in 
the Register and Leader and Des Moines Capital, newspapers published 
at Des Moines, Iowa. [33 G. A., ch. 184.] 

Note: Numbers 1 and 2 were added by department of public instruction. 

Sec. 2820-e. Consolidation authorized. That in all cities of the first 
class containing a population of fifty thousand or over, according to 
any census taken by the authority or under the direction of the state of 
Iowa or of the United States, all the territory embraced within the cor- 
porate limits of any such city may be consolidated into and become one 
independent school district, known as the independent school district of 
(naming the city), state of Iowa, in the manner following: (32 G. A., 
ch. 155, § 1.] 



SCHOOL LAWS OF IOWA 115 

Sec. 2820-f. Petition — question submitted — consolidation effected — 
board of directors — officers. When a written petition, requesting the 
establishment of a consolidated independent district whose territory 
shall be co-extensive with that of such city, signed by one hundred 
voters of such city, is filed with the board of the school corporation, 
therein, having the largest number of voters, it shall be the duty of 
said board within ten days, to call an election, at which all the voters 
residing in the proposed district shall be allowed to vote by ballot for 
or against the proposition, "Shall all the territory within the city of 
(naming it) be united into one school district?" The board calling 
said election shall divide the territory within the proposed district into 
such number of precincts, as the board shall determine, and the judges 
of election shall make and certify a return of the vote to the secretary 
of the same board which shall, on the next Monday after the election, 
canvass the returns made to the secretary, ascertain the result of the 
election, declare the same and cause a record to be made thereof, and 
in all other respects, except as inconsistent with the provisions of this 
act, the election shall be conducted as provided by law for elections 
in independent school districts in cities of the first class. If a majority 
of the votes cast at such election is favorable to the proposition, the 
consolidation and formation of said independent district shall thereby 
be effected, and the board of directors, treasurer, and other officers 
of the school corporation then holding office in the district affected by 
such consolidation having the largest number of voters, shall become 
the board of directors, treasurer and other officers of such consolidated 
district, and shall continue to hold their respective offices until the terms 
for which they were originally elected shall expire. The terms of office 
of all directors, treasurers and officers of boards in all the other dis- 
tricts affected by this act, lying wholly within such consolidated dis- 
trict and holding office at the time of such consolidation, shall cease 
and determine, and in case of districts lying partly without such con- 
solidated district, the directors, officers and treasurers shall continue 
to have authority only over the territory lying within their districts, 
and without the consolidated district ; provided that nothing herein 
contained shall affect the terms of employment of superintendents, 
principals, or teachers for the current school year, in which such con- 
solidation may be effected. [32 G. A., ch, 155, § 2.] 

Sec. 2820-g'. Taxes. All taxes previously certified during that year, 
shall be void so far as the property within the limits of the consolidated 
independent district is concerned. And all taxes necessary for the 
new corporation for that year shall be certified and levied as provided 
in section twenty-seven hundred ninety-six (2796) of the code. All 
property belonging to districts affected by such consolidation shall 
become the property of the consolidated district, except that in case of 
districts lying partly without such city, the liabilities and assets of 
such districts shall be equitably apportioned in accordance with chap- 
ter one-hundred thirty-six (136), section thirteen (13) acts of the 
thirty-first (31) general assembly, but nothing herein contained shall 
affect the rights of existing creditors. [32 G. A., ch. 155, § 3.] 



116 SCHOOL LAWS OF IOWA 

Sec. 2820-h. Election expense. The expense of such election shall 
be borne by the consolidated district, in case such district shall be 
formed, otherwise by the separate districts in proportion to the assessed 
valuation therein within the proposed consolidated district. [32 G. A., 
ch. 155, § 4.] 

Sec. 2821. Witnesses — fees. The county superintendent in all mat- 
ters triable before him shall have power to issue subpoenas for wit- 
nesses, which may be served by any peace officer, compel the attend- 
ance of those thus served, and the giving of evidence by them, in the 
same manner and to the same extent as the district court may do, and 
such witnesses and officers may be allowed the same compensation as 
is paid for like attendance or service in such court, which shall be paid 
out of the contingent fund of the proper school' corporation, upon the 
certificate of the superintendent to and warrant of the secretary upon 
the treasurer ; but if the superintendent is of the opinion that the pro- 
ceedings were instituted without reasonable cause therefor, or if, in 
case of an appeal, it shall not be sustained, he shall enter such findings 
in the record, and tax all costs to the party responsible therefor, A 
transcript thereof shall be filed in the office of the clerk of the district 
court and a judgment entered thereon by him, which shall be collected 
as other judgments. 

Notes: 1. Costs — includes what. The term costs includes only witness 
fees and fees to officers for the service of subpoenas. Fees cannot be al- 
lowed to any witness unless such witness is subpoenaed by the county super- 
intendent. Decisions, 109. 

2. Filing transcript. When an appeal is taken from the decision of the 
county superintendent that officer should not file his transcript of costs with 
the clerk of courts until the case is finally determined by this department. . 
Bond for costs cannot be required. Decisions, 98. 

3. Stenographer— expense of. The expenses of a stenographer cannot be 
taxed as a part of the costs. There is no authority in law to employ a 
stenographer and tax the expenses of such stenographer as costs in an appeal 
case. Opinion of attorney-general, 1899. 

4. Rehearing — costs. Section 2821 does not provide for the payment of 
costs or expenses in case of a rehearing on the question of issuing a certifi- 
cate. 

Sec. 2822. Penalties. Any school officer wilfully violating any pro- 
vision of this chapter, or wilfully failing or refusing to perform any 
duty imposed by law, shall forfeit and pay into the treasury of the 
particular school corporation in which the violation occurs the sum 
of twenty-five dollars, action to recover which shall be brought in the 
name of the proper school corporation, and be applied to the use of 
the schools therein. [C. '73, 1746, 1786; R., §§ 2047, 2081; C. '51, 
§ 1137.] 

Sec. 2823. Provisions apply to all corporations — issuance of bonds. 
The provisions of this chapter shall apply alike to all districts, except 
when otherwise clearly stated, and the power given to one form of cor- 
poration, or to a board in one known corporation, shall be exercised by 
the other in the same manner, as nearly as practicable. But school 
boards shall not incur original indebtedness by the issuance of bonds 
until authorized by the voters of the school corporation. 



SCHOOL LAWS OF IOWA 117 

Note: What included. The chapter referred to in this section includes 
everything contained in the school laws from section 2 743 to section 2 823-t 
inclusive. 

COMPULSORY ATTENDANCE 

Sec. 2823-a. Duties of parents or guardians — penalty. Any person 
having control of any child of the age of seven (7) to fourteen (14) 
years inclusive, in proper physical and mental condition to attend 
school, shall cause such child to attend some public, private, or par- 
ochial school, where the common school branches of reading, writing, 
spelling, arithmetic, grammar, geography, physiology, and United 
States history are taught, or to attend upon equivalent instruction by 
a competent teacher elsewhere than school, for at least twenty-four 
(24) consecutive school weeks in each school year, commencing with 
the first week of school after the first day of September, unless the 
board of school directors shall determine upon a later date which date 
shall not be later than the first Monday in December ; but the board of 
directors in any city of the first and second class may require attend- 
ance for the entire time the schools are in session in any school year. 
Provided, that this section shall not apply to any child who lives more 
than two (2) miles from any school by the nearest traveled road except 
in those districts in which the pupils are transported at public expense, 
or who is excused for sufficient reasons by any court of record or judge 
thereof or while attending religious service or receiving religious in- 
struction. Any person who shall violate the provisions of this section 
shall be guilty of a misdemeanor, and upon conviction thereof shall 
pay a fine of not less than three ($3) dollars nor more than twenty ($20) 
dollars, for each offense. [33 G. A., ch. 186, 187 ; 30 G. A., ch. 116, § 1 ; 
29 G. A., ch. 128, § 1.] 

Note: Seven to fourteen, inclusive — meaning. The language of the sec- 
tion "to fourteen years" cannot be construed to extend beyond the time vi^hen 
the child becomes fourteen years of age. The word "inclusive" following 
clearly applies to the time intervening between the ages of seven and four- 
teen years. * * * j am therefore of the opinion that the word "inclusive," 
as used in the section, does not extend the period during which a child can be 
compelled to attend school beyond the time he becomes fourteen years of age. 
Report of attorney general, 1904, page 95. 

Sec. 2823-b. Reports to secretary. Upon notice from the secretary 
of the school corporation within which such school is conducted, it 
shall be the duty of each principal of each private or parochial school, 
once during each school year, and at any time when requested in 
individual cases, and within ten days from the receipt of such notice, 
to furnish to such secretary a certificate and report of the names, ages 
and attendance of the pupils in attendance at such school during the 
preceding year and from the time of the last preceding report to the 
time at which a report is required and any person having the control 
of any child between seven and fourteen years of age inclusive, who 
shall place the same under private instruction, not in a regular! 3^ con- 
ducted school, upon receiving notice from the secretary of the school 
corporation, shall furnish a like certificate stating the name and age 
of such cliild and the period of time during Avhich said child has been 



118 SCHOOL LAWS OF IOWA 

under said private instruction; and any person having the control of 
such child who is physically or mentally unable to attend school, public 
or private, shall furnish proofs by affidavit or affidavits as to the 
physical or mental condition of such child. AIL such certificates, re- 
ports and proofs shall be filed and preserved in the office of the secre- 
tary of the school corporation as a part of the records of his office. 
[29 G. A., ch. 128, § 2.] 

Sec. 2823-c. Certified copies. It shall be the duty of the secretary 
of the school corporation to furnish to any person interested, where so 
requested, certified copies of all certificates contemplated by this act, 
on file in his office. [29 G. A., ch. 128, § 3.] 

Sec. 2823-d. Truant schools. The board of directors of any school 
corporation may establish truant schools, or set apart separate rooms 
in any public school building, for the instruction of children who are 
habitually truant from instruction, as contemplated by this act. Such 
directors may provide for the confinement, maintenance, and instruc- 
tion of such children in such schools, under such reasonable rules and 
regulations as they may prescribe. If any child, committed or sent 
to the truant school shall prove insubordinate and escape from such 
school during school hours, or absent himself or herself therefrom with- 
out the consent of the persons in charge thereof, then it shall be the duty 
of the person in charge of said school with the consent of the parent or 
guardian to file information before the judge of a court of record, who 
may, if the charge be found to be true and the said child be habitually 
vagrant, disorderly, or incorrigible commit such child to one of the 
industrial schools of the state, under the same proceeding as is provided 
by section twenty-seven hundred eight (2708) of the code so far as the 
same may be applicable. [29 G. A., eh. 128, § 4.] 

Sec. 2823-e. Truant officers. The board of directors of each school 
corporation may, and in school corporations having a population of 
twenty thousand (20,000) or more shall, at their annual meeting in 
each year, appoint one or more truant officers, who shall serve for one 
year, and who may be a constable or a member of the police force, 
whose duty it shall be to report violations of this act to the secretary 
of the school corporation, and see to the enforcement of the provisions 
of this act. It shall be the duty of said truant officer or officers to 
apprehend and take into custody without warrant any child of the age 
of seven (7) to fourteen (14) years inclusive, who habitually frequents 
or loiters about public places during school hours without lawful 
occupation, or cannot produce a certificate as provided in section two 
(2) hereof, also any truant child who absents himself or herself from 
school, and place him or her in charge of the teacher having charge 
of any school, which said child is entitled to attend, and which school 
may be designated to said officers by the person having legal control 
of such child. Provided, however, in case the school so designated by 
the parent or person having the care and control of said child be a 
public school it shall be such as directed by the rules and regulations 
of the school board and the statutes of the state, and if other than a 
public school, the maintenance of said child in such school shall be 



SCHOOL LAWS OF IOWA 119 

without expense to the school corporation or state. Upon failure of 
such child to properly attend or when on report of the teacher having 
the custody of such child, said child is shown to not properly conduct 
itself in the school where placed as herein provided, the child may be 
removed therefrom by the board of directors and placed either in a 
public school or a truant school conducted in said district. The truant 
officer or officers shall be entitled to such compensation for service 
rendered under this act, as shall be fixed by the board of directors ap- 
pointing him or them, which compensation shall be paid from the con- 
tingent fund of said district. In towns and cities of the second class, 
the independent school district may employ the marshal or other police 
officer of such city or town to act as truant officer, and pay him a 
salary in addition to that received from such city or town of not to 
exceed five ($5.00) dollars per month. [33 G. A., ch. 188; 30 G. A., 
ch. 116, § 2; 29 G. A., ch. 128, § 5.] 

Sec. 2823-f. Enforcement. It shall be the duty of the director or 
president of any board of directors, or any truant officers appointed 
by such board of directors, to enforce the provisions of this act, to sue 
for and recover the penalties herein provided, and to institute criminal 
prosecution against any person violating the provisions of this act, and 
any such officers neglecting to do so within thirty (30) days after a 
written notice has been served upon him by any citizen of said district 
or the county superintendent of the county within which the offending 
person shall reside, shall himself be liable for a fine of not less than ten 
($10) dollars nor more than twenty ($20) dollars for each offense. [32 
G. A., ch. 154; 29 G. A., ch. 128, § 6.] 

Sec. 2823-g. Teachers and school officers — duties. All teachers of 
the public schools of the state, and county superintendents, and school 
officers and employees shall promptly report to the secretary of the 
school corporation any violations of the provisions of this act, of which 
they have knowledge or information, and he shall promptly inform the 
president of the board of directors thereof, and such president shall, if 
necessary, call a meeting of the board of directors to take such action 
thereon as the facts shall justify, and any child placed in any truant 
school may be discharged therefrom at the discretion of the board, upon 
sufficient assurance of the future good conduct of such child. [29 G. 
A., ch. 128, § 7.] 

Sec. 2823-h. Provisions for punishment. The board of directors of 
every school corporation is hereby authorized to provide such reason- 
able methods of punishment of children who are habitually truant from 
school, or who habitually frequent or loiter about public places during 
school hours, without lawful occupation, as may be necessary to carry 
out and make effectual the provisions of this act. [29 G. A., ch. 128, 
§ 8.] 

Sec. 2823-i. School census. It shall be the duty of all officers, em- 
powered to take the school census, to ascertain the number of children 
of the age of seven (7) to fourteen (14) years, inclusive, in their respec- 
tive districts, the number of such children who do not attend school. 



120 SCHOOL LAWS OF IOWA 

and so far as possible, the cause of failure to attend school. [29 G. A., 
ch. 128, § 9.] 

SCHOOL LAWS— SALE 
Sec. 2823-j. County auditors — requisition — duplicate receipts. On 

or before the 15th day of November of each year, the auditor of each 
county shall make an estimate of the number of copies of the school 
laws of Iowa as will, in his judgment, be required to supply the demand 
for such laws in his county, in addition to the number of copies of said 
school laws furnished by the state as provided for in section 2624, 
chapter 1, title 13 of the code. The county auditor shall transmit his 
estimate to the superintendent of public instruction, together with a 
requisition for the number of copies required. On receipt of the requi- 
sition the superintendent of public instruction shall forward to the 
county auditor the number of copies named in the requisition. On 
receipt of the copies transmitted to him, the county auditor shall 
execute receipts therefor in duplicate, one of which he shall immediately 
transmit to the superintendent of public instruction and the other to 
the state auditor. [27 G. A., ch. 90, § 1.] 

Sec. 2823-k. Sale price. The county auditor shall keep for sale at 
his office in the court house of the county, copies of the school laws 
of the state of Iowa, which he shall receive in the manner hereinbefore 
provided, at a price not to exceed twenty (20) cents per copy of such 
laws, bound in paper and not to exceed 30 cents per copy of such laws 
bound in cloth and pay the proceeds of such sales into the county 
treasury on or before the 15th day of November of each year. [27 G. 
A., ch. 90, § 2.] 

Sec. 2823-1. Statement of copies sold. The said county auditor 
shall also on or before the 15th day of November of each year, make 
out in writing under oath, a statement of the number of copies sold by 
him and not before accounted for, and the number remaining on hand 
and the amount paid to the county treasurer, and transmit such state- 
ment to the auditor of state, who shall charge the county treasurer 
with such amount, and the superintendent of public instruction shall 
certify to the state auditor the number of copies transmitted to each 
count}^ auditor and the state auditor shall charge each county auditor 
therewith, and subsequently credit him with such as may be sold or 
otherwise lawfully disposed of. [27 G. A., ch. 90, § 3.] 

See. 2823-m. Copies delivered to successor. When the county audi- 
tor goes out of office, having any such copies remaining, he shall deliver 
them to his successor, taking his receipt therefor in duplicate, one of 
which shall be sent to the state auditor which shall be his sufficient dis- 
charge for the same. [27 G. A., ch. 90, § 4.] 

LIBRARIES 

Sec. 2823-n. Library fund. The treasurer of each school township 
and each rural independent district in this state shall withhold annu- 
ally, from the money received from the apportionment for the several 
school districts, not less than five nor more than fifteen cents, as may 
be ordered by the board, for each person of school age residing in each 



SCHOOL LAWS OP IOWA 121 

school corporation, as shown by the annual report of the secretary, for 
the purchase of books as hereinafter provided. When so ordered by the 
board of directors, the provisions of this section shall apply to any 
independent district. [28 G. A., ch. 23, § 1.] 

Notes: 1. Mandatory. It is mandatory upon the treasurer in each school 
township and each rural independent district to withhold from the a:ppor- 
tionment each year a certain number of cents for each person between the 
ages of 5 and 21 years, for the purchase of library books. 

2. Amount withheld. The amount withheld, annually, for each person, 
may not exceed fifteen cents, nor be less than five cents. The exact amount 
per pupil is left to the discretion of the board of directors, and may vary 
from one year to another. In determining the amount the board should 
consider the special needs of the district. 

3. Contingent fund. Under section 2783, the board may use the con- 
tingent fund to purchase dictionaries, library books, maps, charts, and ap- 
paratus, to an amount not exceeding twenty-five dollars in any one year 
for each schoolroom under its charge. 

4. When apply to city and town districts. The provisions of the law 
apply to independent districts having cities, towns, and villages, only when 
so ordered by the board of directors. Independent districts without libraries 
should avail themselves of the benefits of the law. 

5. Schoolhouse fund. The electors may vote school house fund for the 
purchase of library books. Section 2749. 

Sec- 2823-0. Purchase of books — distribution. Between the third 
Monday of September and the first day of December in each year the 
president and secretary of the board, with the assistance of the county 
superintendent of schools, shall expend all money withheld by the 
treasurer as provided in section one of this act, in the purchase of 
books selected from the lists prepared by the state board of educational 
examiners as hereinafter provided, for the use of the school district ; in 
school townships the secretary shall distribute the- books thus selected 
to the librarians among the several subdistricts, and at least semi-an- 
nually collect the same and distribute others. [28 G. A., ch. 23, § 2.] 

Notes: 1. Use of library fund. The money withheld by the treasurer can- 
not be used for any purpose except the purchase of "books. All expenses such 
as freight charges, express, postage, exchange, library cases, and record books, 
should be paid from the contingent fund. 

2. Listing — inspecting. The county superintendents in visiting schools 
should carefully inspect the library to see that it is properly kept; that the 
books are properly listed and labeled, and that the teachers know the best use 
to make of it. 

Sec. 2823-p. State board of educational examiners to prepare list 
of books. It is hereby made the duty of the state board of educational 
examiners to prepare at its discretion lists of books suitable for use in 
school district libraries, and furnish copies of such lists to each pres- 
ident, secretary, and each county superintendent, as often as the same 
shall be published or revised, from which lists the several presidents 
and secretaries and county superintendents shall select and purchase 
books. [33 G. A., ch. 189; 28 G. A., ch. 23, § 3.] 

Note: What may be purchased. It is illegal to purchase books or 
editions not included in the list recommended by the state board of ex- 
aminers. 



122 SCHOOL LAWS OF IOWA 

Sec. 2823-q. Record book. It shall be the duty of each secretary to 
keep in a record book, furnished by the board of directors, a complete 
record of the books purchased and distributed by him, [28 G. A., ch. 
23, § 4.] 

Sec. 2823-r. Librarian. Unless the board of directors shall elect 
some other person, the secretary in independent districts and director in 
subdistricts in school townships shall act as librarian and shall receive 
and have the care and custody of the books, and shall loan them to 
teachers, pupils, and other residents of the district, in accordance with 
the rules and regulations prescribed by the state board of educational 
examiners and board of directors. Each librarian shall keep a complete 
record of the books in a record book furnished by the board of directors. 
During the periods that the school is in session the library shall be placed 
in the schoolhouse, and the teacher shall be responsible to the district 
for its proper care and protection. The board of directors shall have 
supervision of all books and shall make an equitable distribution thereof 
among the schools of the corporation. [28 G. A., ch. 23, § 5.] 

Notes: 1. Librarian — duties of. Much of the success of the library work 
will depend upon the librarian, and it is urged that great care be taken in 
making the selection. 

2. Library free. The library is free to all pupils of suitable age, teachers 
and residents of the district, and the librarian should loan the books to them 
in accordance with the rules and regulations prescribed by the state board 
of educational examiners, and the board of directors. 

3. "Wliere kept. The library must be kept in the schoolhouse during the 
term of school. At other times it is placed under the control of the librarian. 

4. Transfer to successor. Each school officer, upon the termination of his 
term of office, shall immediately surrender to his successor all books, papers, 
and moneys pertaining or belonging to the office, taking a receipt therefor. 
Code, section 2770. 

VOCAL MUSIC 
Sec. 2823-s. Instruction in vocal nmsic authorized. That the ele- 
ments of vocal music, including when practical the singing of simple 
music by note, be taught in all of the public schools of Iowa, and that 
all teachers teaching in schools where such instruction is not given by 
special teachers be required to satisfy the county superintendent of 
their ability to teach the elements of vocal music in a proper manner. 
Provided, however, that no teacher shall be refused a certificate or the 
grade of his or her certificate lowered on account of lack of ability to 
sing. [28 G. A., ch. 109, § 1.] 

Note: Music required. For a first grade certificate, section 2734-d; for 
a second, section 2734-h, note 1; for a third, section 2734-i, note 1. 

Sec. 2823-t. Normal institute. That it shall be the duty of each 
county superintendent to have taught annually in the normal institute 
the elements of vocal music. [28 G. A., ch. 109, § 2.] 

TEXT BOOKS — ADOPTION — PURCHASE — LOANING. 

Sec. 2824. Adoption — contract — agent. The board of directors of 
each and every school corporation in the state of Iowa is hereby author- 
ized and empowered to adopt text-books for the teaching of all 



SCHOOL LAWS OP IOWA 123 

brandies that are now or may hereafter be authorized to be taught in 
the public schools of the state, and to contract for and buy said books 
and any and all other necessary school supplies at said contract prices, 
and to sell the same to the pupils of their respective districts at cost, 
and said money so received shall be returned to the contingent fund. 
The books and supplies so purchased shall be under the charge of the 
board, who may select one or more persons within the county to keep 
said books and supplies for sale, and, to insure the safety of the books 
and moneys, the board shall require of each person so appointed a bond 
in such sum as may seem to the board to be desirable. [25 G. A., ch. 
35; 23 G. A., ch. 24, §§ 1, 2.] 

Notes: 1. Term of contract. There is nothing in this and the following 
sections from which it can be inferred that a contract must be entered into 
for five years. The law does not attempt to fix an exact limitation as to the 
time for which a contract should be made. It seems to be the intent of 
the law that the board of directors or the county board of education should 
carefully avoid making a contract which might have the effect of binding its 
successors in office. 

2. Books must be used. It is within the power of any board to forbid 
the use of other books than those adopted for the district, and to provide 
by rule or regulation that scholars persistently and continuously refusing 
to conform to such regulation shall be refused instruction until they comply 
with the rule. Teachers failing to regard a rule or direction of the board 
that instruction be given from no other books than those legally in use, take 
the risk of being cited for trial under section 2782. 

3. Cost — how construed. The word cost, in this section, should be under- 
stood to mean contract price. Any extra expense connected with securing 
the books should not be added to their purchase price, but should be paid 
from the contingent fund, upon separate orders. In this way the cost to 
the purchaser will agree with the contract price, and uniformity in cost for 
the same book will obtain all over a large district having several selling 
places, and will also be common in many districts and counties, while the 
extra expense for handling,, drayage, storage, etc., may differ somewhat in 
connection with each different person selected to keep the books for sale. 

4. Other necessary school supplies. We think the words any and all 
other necessary school supplies are intended to include only such articles 
as it is customary for parents to purchase for the use of their children in 
school work. For instance, globes and charts have not been furnished by 
the children. They cannot be bought with the money of the district, resold, 
and the money returned to the contingent fund as directed by the law. 

5. Text-books included. Text-books of every variety, in all classes and 
grades, and all kinds of supplies usually purchased by the children for use 
in the schools for the purpose of instruction, may be purchased under 
this act. 

6. Responsibility of board. It is evidently not the intention to impose 
a hardship upon the person who keeps the books and supplies for sale, but 
simply to guard the district against possible loss. The board is not to be 
considered as released in the slightest degree from its obligation, under the 
general law, to protect the funds. The bond is required for additional pro- 
tection. Form 50. Nor will the fact that the board requires a bond from 
another person in any way release the treasurer from his absolute responsi- 
bility for all funds of the district coming into his hands, from whatever 
source. 

7. Contracts made conditional. In order to avoid a possible misunder- 
standing, every contract should be made subject to the action of the electors 
as provided for in section 2 829. 



124 SCHOOL LAWS OF IOWA 

8. It is illegal for any school board (city, town, rural independent or 
township) to select text-books or award contracts for text-books without: 
first, authority from the electors of their district to whom the question has 
been duly submitted; second, advertisement for bids. See McNees vs. School 
Township of East River, Page County, 133 Iowa, 12 0. 

See. 2825. Use of contingent fund — additional tax. All the books 
and other supplies purchased under the provisions of this chapter shall 
be paid for out of the contingent fund, and the board of directors shall 
annually certify to the board of supervisors the additional amount 
necessary to levy for the contingent fund of said district to pay for 
such books and supplies. But such additional amount shall not exceed 
in any one year the sum of one dollar and fifty cents for each pupil 
residing in the school corporation, and the amount so levied shall be 
paid out on warrants drawn for the payment of books and supplies 
only, but the district shall contract no debt for that purpose. [25 G. A., 
ch. 35; 23 G. A., ch. 24, § 2.] 

Notes: 1. Coutingent fund — use of. Any contingent fund on hand may 
be used to purchase books and supplies. As the proceeds from sales must 
be returned at once to the contingent fund, no large additional amount will 
ordinarily be needed to enable the average district to secure books and sup- 
plies under this law. 

2. Contingent fund— estimated for. When the board is estimating the 
levy for the contingent fund, it may include in the estimate an amount 
needed to pay any necessary expenses connected with securing the books. 

3. Orders audited. All payments under this chapter must be made In 
strict accordance with the other provisions of law governing the disburse- 
ment of school moneys. No order for any purpose may be drawn until the 
account has been regularly audited by the board. Section 2780. 

4. Price to pupils. It is desirable that the cost to the scholar shall be 
the lowest possible. Any extra expense connected with securing the books 
should not be added to their purchase price, but should be paid out of the 
contingent fund, upon separate orders. In this way the cost to the pur- 
chaser will agree with the contract price, and' uniformity in cost for the 
same book will be common in many districts and counties. Note 3 to sec- 
tion 2824. 

5. Anticipate taxes. While the district may contract no indebtedness for 
the purchase of books and supplies, the board may anticipate the levy 
and collection of taxes certified for those purposes. 

Sec. 2826. Purchase — exchange. In the purchasing of text-books 
it shall be the duty of the board of directors or the county board of. 
education to take into consideration the books then in use in the respec- 
tive districts, and they may buy such additional number of said books 
as may from time to time become necessary to supply their schools, and 
they may arrange on equitable terms for exchange of books in use for 
new books adopted. [25 G. A., ch. 35; 23 G. A.,^ch. 24, § 3.] 

Note: Uniformity of books. The good of the schools will be best ad- 
vanced if it is ordered that the same book or books in any branch must 
be used in all the schools of the same grade in the district. This will sim- 
plify the purchase, and also facilitate the introduction of uniform books. 

Sec. 2827. Suit on bond. If at any time the publishers of such 
books as shall have been adopted by any board of directors or county 
board of education shall neglect or refuse to furnish such books when 



SCHOOL LAWS OF IOWA 125 

ordered by said board in accordance with the provisions of this chapter, 
at the very lowest price, either contract or wholesale, that such books 
are furnished any other district or state board, then said board of 
directors or county board of education may and it is hereb}^ made their 
duty to bring suit upon the bond given them by the contracting pub- 
lisher. [25 G. A., ch. 35 ; 23 G. A., ch. 24, § 4.] 

Sec. 2828. Bids. Before purchasing text-books under the provi- 
sions of this chapter, it shall be the duty of the board of directors, or 
county board of education, to advertise, by publishing a notice once 
each week for three consecutive weeks in one or more newspapers pub- 
lished in the county; said notice shall state the time up to which all 
bids will be received ; the classes and grades for which text-books and 
other necessary supplies are to be bought, and the approximate quan- 
tity needed ; and said board shall award the contract for said text-books 
and supplies to any responsible bidder or bidders offering suitable 
text-books and supplies at the lowest prices, taking into consideration 
the quality of material used, illustrations, binding, and all other things 
that go to make up a desirable text-book ; and may, to the end that they 
may be fully advised, consult the county superintendent, or, in case of 
city independent districts, with city superintendent or other compe- 
tent person, with reference to the selection of text-books : Provided, 
that the l)oard may reject any and all bids, or any part thereof, and re- 
advertise therefor as above provided. [31 G. A., ch. 9, § 4; 25 G. A., 
eh. 35; 23 G. A., ch. 24, § 5.] 

Note: Must advertise. A board may not secure the advantages of pur- 
chasing text-books without first advertising for bids and letting the con- 
tract in the manner required. And this is equally true even if it is expected 
that a new contract will be made for the books in present use. Form 5. 
133 Iowa, 120. 

Sec. 2829. Change — question submitted. It shall be unlawful for 
any board of directors or county board of education, except as provided 
in section twenty-eight hundred and twenty-seven of this chapter, to 
displace or change any text-book that has been regularly adopted or 
re-adopted under the provisions of this chapter, before the expiration 
of five years from the date of such adoption or re-adoption, unless 
authorized to do so by a majority of the electors present and voting at 
their regular annual meeting in March, due notice of said proposition to 
change or displace said text-books having been included in the notice 
for the said regular meeting. [25 G. A., ch. 35 ; 23 G. A., ch. 24, § 6.] 

Note: Notice — secretary must be directed. Where notice that the ques- 
tion of a change of text-books would be voted on was included in the notice 
of election by the clerk (secretary) without the action of the board, the 
vote thereon was invalid, though a petition of ten voters had been filed, 
and though the members of the board individually had authorized the action 
of the clerk (secretary). McNees vs. School Township of East River, Page 
county, 133 Iowa, 120. 

Sec. 2830. Samples — lists — bonds. Any person or firm desiring to 
furnish books or supplies under this chapter in any county shall, at 
or before the time of filing his bid hereunder, deposit in the office of the 



126 SCHOOL LAWS OF IOWA 

county superintendent samples of all text-books included in his bid, 
accompanied with lists giving the lowest wholesale and contract prices 
for the same. And said samples and lists shall remain in the county 
superintendent's office, and shall be delivered by him to his successor 
in office, and shall be kept by him in such safe and convenient manner 
as to be open at all times to the inspection of such school officers, school 
patrons and school teachers as may desire to examine the same and 
compare them with others, for the purpose of use in the public schools. 
The board of directors and the county board of education mentioned 
shall require of any person or persons with whom they contract for 
furnishing any books or supplies to enter into a good and sufficient bond, 
in such sum and with such conditions and sureties as may be required by 
such board of directors or county board of education, for the faithful 
performance of any such contract. But bonds of surety companies duly 
authorized under the laws of Iowa shall be accepted, [25 Gr. A., ch. 35 ; 
23 G. A., ch. 24, § 7.] 

Sec. 2831. County board of education — question as to county uni- 
formity. The county superintendent, the county auditor and the mem- 
bers of the board of supervisors shall constitute a county board of edu- 
cation. When petitions shall have been signed by one-third the school 
directors in any county, other than those in cities and towns, and filed 
in the office of the county superintendent of such county at least thirty 
days before the annual school elections, asking for a uniform series of 
text-books in the county, then such county superintendent shall im- 
mediately notify the other members of the county board of education 
in writing, and within fifteen days after the filing of the petitions said 
board of education shall meet and provide for submitting to the electors 
at the next annual meeting the question of county uniformity of school 
text-books. [28 G. A., ch. Ill; 25 G. A., ch. 35; 23 G. A., ch. 24, §§ 
8,9.] 

Notes: 1. Petition. It is intended that at least one-tliird of the individuals 
composing all boards, except those of city and town districts, shall sign the 
petition referred to. Form 53. 

2. County board of education. By the provisions ofl this section every 
county in the state has a county board of education composed of the county 
superintendent, county auditor, and members of the board of supervisors. 

3. Notice. In order that every voter may be fully advised of the sub- 
mission of the question of county uniformity, the county board of education 
should publish the proposition to be voted upon in the official papers of 
the county at least ten days before the annual school election, and they 
should also transmit to the secretaries of the several boards of directors 
copies of said proposition, and direct said secretaries to give notice thereof 
and provide for the taking of a vote thereon at the annual meeting. 

Sec. 2832. Selection of books — depositories. Should a majority of 
the electors voting at such elections favor a uniform series of text- 
books for use in said county, then the county board of education shall 
meet and select the school text-books for the entire county, and contract 
for the same under such rules and regulations as the said board of edu- 
cation may adopt. When a list of text-books has been so selected, they 
shall be used by all the public schools of said county, except as herein- 



SCHOOL LAWS OF IOWA 127 

after provided, and the board of education may arrange for such depo- 
sitories as it may deem best, and may pay for said school books out of 
the county funds, and sell them to the school districts at the same price 
as provided for in section twenty-eight hundred and twenty-four of this 
chapter, and the money received from said sales shall be returned to the 
county funds by said board of education monthly. The boards of school 
officers, who are hereby made the judges of the school meetings, shall 
certify to the board of supervisors the full returns of the votes cast at 
said meetings the next day after the holding of said meetings, who shall, 
at their next regular meeting, proceed to canvass said votes and declare 
the result. Unless otherwise ordered by the board of education, the 
county superintendent shall have charge of such text-books and of the 
distribution thereof among the depositories selected by the board; he 
shall render to the board at each meeting thereof itemized accounts of 
his doings, and shall be liable on his official bond therefor. [28 G. A., 
ch. 112 ; 25 G. A., eh. 35 ; 23 G. A., ch. 24, § 9.] 

Notes: 1. A continuous body. The county board of education is a con- 
tinuous body. 

2. Rules. County boards of education should from time to time make 
such rules and regulations as seem necessary to carry out the purpose and 
spirit of the law. 

3. May not be purchased. Purchases of records, dictionaries, apparatus 
and similar supplies for the use of the district may not be made by contract 
under this law, but such articles should be bought with contingent fund, as 
provided by section 2783. Note 4 to section 2824. 

4. Sold direct. The county board of education must cause the books to 
be sold to the people direct, under such regulations as the board may adopt. 

5. Must be used. When a list of text-books has been selected as provided 
in this section, they must be used by all the public schools of said county, 
except as provided in section 2 835, notwithstanding the fact that contracts 
made by boards of school corporations may not have expired. 

6. Bonds. Security by bond made payable to the county may be required 
from depositories. But the fact that the money from sales must be returned 
to the county funds monthly will lessen the need for as much security as 
would be necessary if a large sum of money could be held by a, depository 
for a long time. 

7. Depositories. The county board of education should arrange for a 
sufficient number of depositories to accommodate fully the people of every 
district in the county. 

8. Contingent expense. It will promote an equality of price for the same 
book in the several counties, if any slight extra expense connected witn 
securing or handling the books be not added to the contract price, but paid 
for from the county funds, by the board of supervisors. In this way, the 
books and supplies may be sold to the people at cost, the same as provided 
under section 2824, when purchase is made by a district. Note 4 to sec- 
tion 2825. 

9. May not render opinions. It is apparent that there will be many ques- 
tions arising upon which we cannot venture an opinion. Any matter in 
which the binding force or validity of a contract is involved, can be de- 
termined only by the courts of law. 

10. Legal adviser. The county attorney is the legal adviser of the county 
board of education, and he should be freely consulted on questions upon 
which the board may be in doubt. Code, section 302. 

11. By ballot. The vote upon county uniformity must be by ballot. The 
result of such vote should be duly certified by the judges of election to the 
board of supervisors the next day after the annual meeting. 



128 SCHOOL LAWS OF IOWA 

12. Judges. "The boards of school officers" who are made the Judges 
of election by this section consist of the president, the secretary, and one 
of the directors as provided for in section 2746. 

13. Printing ballots. In order to facilitate matters in holding this elec- 
tion, the board of education might very properly provide for the printing 
and distribution of ballots, and make such other arrangements as may be 
necessary. 

14. Board may not contract with book sellers. A school board has no 
authority to contract with a book seller and pay him out of the con- 
tingent fund for handling school books. 127 Iowa, 408. 

Sec. 2833. Proceedings of county board. The county superintendent 
shall in all cases be chairman of the county board of education, and 
the county auditor shall be the secretary, and a full and complete 
record shall be kept of their proceedings in a book kept for that pur- 
pose in the office of the county superintendent. A list of text-books so 
selected, with their contract prices, shall be reported to the state super- 
intendent with the regular annual report of the county superintendent. 
[25 G. A., ch. 35 ; 23 G. A., ch. 24, § 10.] 

Note: Who report. The county superintendent will report only the list 
of books adopted by the county board of education. The superintendents of 
counties that have not adopted county uniformity as provided in sections 
2831 and 2 832 will not make this report. 

Sec. 2834. Officers not to be agents. It shall be unlawful for any 
school director, teacher or member of the county board of education to 
act as agent for any school text-books or school supplies during such 
term of office or employment, and any school director, officer, teacher or 
member of the county board of education who shall act as agent or 
dealer in school text-books or school supplies, during the term of such 
office or employment, shall be deemed guilty of a misdemeanor, and 
shall, upon conviction thereof, be fined not less than ten dollars nor 
more than one hundred dollars, and pay the costs of prosecution. [25 
G. A., ch. 35; 23 G. A., ch. 24, § 11.] 

Notes: 1. Purpose of the law. The intention of this section is to pro- 
hibit any of the persons named from engaging in any business in connection 
with school text-books or supplies, by which his pecuniary interests might 
be brought in conflict with his official duties. 

2. Violation— effect. The fact that a person is subject to the penalties 
named, for violating the provisions of this section, will not operate to deprive 
him of his office or position. 

3. Who prohibited. School directors, teachers, and members of the county 
board of education are by this section absolutely prohibited from acting as 
agents for, or dealers in, school text-books or school supplies. 

4. Director as dealer. Code, section 2 834, applies to and prohibits a 
school director from engaging on his own account in the sale of school 
books and supplies to the pupils, and is not limited to directors acting as 
agents of the board under code, section 2824. 130 Iowa, 31. 

5. Sale of books- — use of contingent fund. A school board has no author- 
ity to contract with a bookseller and pay him out of the contingent fund 
for handling books, where the district does not buy the books for re-sale, 
but simply arranges with the publishers to place the same with the dealer 
to be sold by him at a stated price. 127 Iowa, 408. 



SCHOOL LAWS OF IOWA 129 

Sec. 2835. City schools. The provisions of sections twenty-eight 
hundred and thirty-one, twenty-eight hundred and tliirty-two and 
twenty-eight hundred and thirty-three of this chapter shall not apply 
to schools located within cities or towns, nor shall the electors of said 
cities or towns vote upon the question of county uniformity ; but noth- 
ing herein shall be so construed as to prevent such schools in said cities 
and towns from adopting and buying the books adopted by the county 
board of education at the prices fixed by them, if by a vote of the elec- 
tors they shall so decide. [25 G. A., ch. 35 ; 23 G. A., eh. 24, § 12.] 

Notes: 1. Apply to whom. All except sections 2831, 2832 and 2 833 ap- 
ply to city and town independent school districts, and such districts may 
purchase books and supplies in the same manner as other districts, under 
sections 2824 to 2830. 

2. How adopt. City and town Independent districts may by a vote of 
the electors, at a regular meeting or at a special meeting called for that 
purpose, decide to adopt and use the books adopted by the county board 
of education. 

Sec. 2836. Free text-books — question submitted. Whenever a pe- 
tition signed by one-third or more of the legal voters, to be determined 
by the school board of any school corporation, shall be filed with the 
secretary thirty days or more before the annual meeting of the electors, 
asking that the question of providing free text-books for the use of 
pupils in the public schools thereof be submitted to the voters at the 
next annual meeting, he shall cause notice of such proposition to be 
given in the call for such meeting. [26 G. A., ch. 37, § l.J 

Notes: 1. Purpose — benefits. These provisions afford all school cor- 
porations the opportunity to supply free books, so that every child may 
continuously enjoy the privileges of school. It is believed that if districts 
will take action in accordance with the spirit of the law, the percentage of 
attendance at school can be materially increased, and the usefulness of our 
schools to all the children greatly enhanced. 

2. Rules — importance of. Much of the success of free text-books will 
depend upon the rules and regulations adopted by the board to govern the 
use and care of such books. The board should take more than the usual 
pains to adopt plain, comprehensive, and effective rules for the guidance of 
all concerned. 

Sec. 2837. Loaning — discontinuance. If, at such meeting, a ma- 
jority of the legal voters present and voting by ballot thereon shall 
authorize the board of directors of said school corporation to loan text- 
books to the pupils free of charge, then the board shall procure such 
books as shall be needed, in the manner provided by law for the 
pruchase of text-books, and loan them to the pupils. The board shall 
hold pupils responsible for any damage to, loss of, or failure to return 
any such books, and shall adopt such rules and regulations as may be 
reasonable and necessary for the keeping and preservation thereof. 
Any pupil shall be allowed to purchase any text-book used in the school 
at cost. No pupil already supplied with text-books shall be supplied 
with others without charge until needed. The electors may, at any 
election called as provided in the last section, direct the board to dis- 
continue the loaning of text-books to pupils. [26 G. A., ch. 37, §§ 2-6.] 



130 SCHOOL LAWS OF IOWA 

Notes: 1. Success of. As mucli of the success of free text-books will 
depend upon the rules and regulations adopted by the board to govern the 
care and use of the books, a board should take more than the usual pams 
to adopt plain, comprehensive, and effective rules for the guidance of all 
concerned. 

2. Anticipate tax. While the district may contract no debt for the por- 
chase of books, the board may anticipate the levy and collection of taxes 
certified under section 282 5, so as to carry out the instructions of the electors 
without unnecessary delay. 

Sec, 5028-s. What prohibited. That no bills, posters or other mat- 
ters used to advertise the sales of intoxicating liquors and tobacco shall 
be distributed, posted, painted or maintained within four hundred feet 
of premises occupied by a public school or used for school purposes, 
provided, however, that nothing in this act contained shall apply to 
advertisements in newspapers of regular publication distributed to 
subscribers or purchasers thereof. [30 G. A., ch. 137, § 1.] 

Sec. 5028-t. Penalty. Any person violating any of the provisions 
of this act shall be deemed guilty of a misdemeanor and upon convic- 
tion thereof shall be punished by a fine not exceeding one hundred dol- 
lars or imprisonment in the county jail not exceeding thirty days. [30 
G. A., ch. 137, § 2.] 

BEQUESTS — CORPORATIONS MAY RECEIVE. 

Sec. 740. Power to take property by gift or bequest — ^how admin- 
istered. Counties, cities, towns and school corporations, are authorized 
to take and hold property, real and personal, derived by gifts and be- 
quests; and to administer the same through their proper officers in 
pursuance of the terms of the gift or bequest ; and when made for the 
establishment of institutions of learning or benevolence, and there is 
no provision made in the gift or bequest for the execution of the trust, 
the court having charge of the probate proceedings in the county shall 
appoint three trustees, residents of said county, who shall have charge 
and control the same, and who shall continue to act until removed by 
the court. And they shall give bond as required in case of executors, 
to be approved in the same manner as in case of executors' bonds, and 
said trustees shall be subject to the orders of said court. [28 G. A., 
ch. 23, § 1 ; 26 G. A., ch. 20.] 

Sec. 1306-b. Amount of indebtedness limited. No county or other 
(political or municipal corporation, including cities acting under special 
charters, shall be allowed to become indebted, in any manner or for 
any purpose, to an amount in the aggregate exceeding one and one- 
fourth per centum on the actual value of the property within such 
county or corporation, to be ascertained by the last state and county 
tax list previous to the incurring of such indebtedness. [28 G. A., ch. 
41, § 2.] 

Notes: 1. For additional indebtedness. See sections 2820-a to 2820-d, 
below. 

2. Warrants in excess of limit — action on. Either a school district or 
intervening tax-payers may, where the officers refuse to act, defend an ac- 
tion to recover on warrants of the district on the ground that the same 



SCHOOL LAWS OF IOWA 131 

are in excess of the constitutional limitation, although the officers of the 
district acted in good faith in creating the debt for which the warrants 
were issued, and still recognize their validity. 122 Iowa, 99. 

CHAPTER 185. 

33 G. A. 

PROHIBITING SECRET FRATERNITIES IN THE PUBLIC SCHOOLS. 

AN ACT to prohibit secret fraternities and societies being formed in the public 
schools of this state, empowering and making it the duty of school directors 
to adopt rules and regulations relating thereto and to enforce the same, and 
making it an offense to solicit pupils to join them and prescribing the penalty 
therefor. [Additional to chapter fourteen (14) of title thirteen (XIII) of the 
code, relating to the system of common schools.] 

Be it enacted "by the General Assembly of the State of Iowa: 

Section 1. Pupils prohibited from joining or organizing. That from 
and after the passage of this act it shall be unlawful for any pupil, 
registered as such, and attending any public high school, district, pri- 
mary, or graded school, which is partially or wholly maintained by 
public funds, to join, become a member of. or to solicit any other pupil 
of any such school to join, or become a member of any secret fraternity 
or society wholly or partially formed from the membership of pupils 
attending any such school or to take part in the organization or forma- 
tion of any such fraternity or society, except such societies or associa- 
tions as are sanctioned by the directors of such schools. 

Sec. 2. Enforcement — rules and regnlations. The directors of all 
such schools shall enforce the provisions of section 1 of this act, and 
shall have fnll power and authority to make, adopt and modify all rules 
and regulations which, in their judgment and discretion, ma^'" be neces- 
sary for the proper governing of such schools and enforcing all the 
jprovisions of section 1 of this act. 

Sec. 3. Suspension or dismissal. The directors of such schools shall 
have full power and authority, pursuant to the adoption of such rules 
and regulations made arid adopted by them, to suspend, or dismiss any 
pupil or pnpils of snch schools therefrom, or to prevent them, or any 
of them, from frradnatinsr or participating in school honors when, after 
investigation, in the judgment of such directors, or a majority of them, 
such pupil or pupils are guilty of violating any of the provisions of sec- 
tion 1 of this act. or who are guilty of violating any rule, rules or regu- 
lations adopted by such directors for the purpose of governing such 
schools or enforcini? section 1 of this act. 

Sec. 4. Rushino- or soliciting — penalty — jurisdiction. Tt is hereby 
made a misdemeanor for any person, not a pupil of snch schools, to be 
upon the school grounds, or to enter any school buildinsr for the pur- 
pose of "rushinsf" or soliciting, while there, any pupil or pupils of 
such schools to join any fraternitv. society, or association organized out- 
side of said schools. All municipal courts and justice courts in this 
state shall have jurisdiction of all offenses committed under this section, 
and all persons found guilty of such offenses shall be fined not less than 



132 SCHOOL LAWS OF IOWA 

two dollars nor more than ten dollars, to be paid to the city or village 
treasurer, when snch schools are situated inside of the corporate limits 
of any city or village, and to the county treasurer, when situated out- 
side of the corporate limits of any such city or village, or upon failure 
to pay such fine, to be imprisoned for not more than ten days. 

CHAPTER 146. 

34 G. A. 

TUITION. 

AN ACT to provide for the payment of tuition of pupils residing in school 
corporations which do not offer instruction equivalent to four-year high 
schools of Iowa. 

Section 1. Pupils permitted to attend high school outside of home 
district. Any person of school age, who is a resident of a school cor- 
poration not offering a four-year high school course and who has 
completed the course of study offered in such school corporation shall 
be permitted to attend any high school that will receive him, provided 
the average cost of tuition allowed shall not exceed the average cost 
of tuition in the nearest high school, under the conditions and pro- 
visions of section two (2) of this act. 

Sec. 2. Applicant to present certificate as to qualification. Any 
person applying for admission to any high school under the provisions 
of this act shall present to the officials of said high school a certificate 
from the president or secretary of the school corporation in which he 
resides stating that the said applicant is of school age and that he is 
a resident of said school corporation, which certificate shall be issued 
on application therefor. He shall also present a certificate signed 
by the county superintendent showing proficiency in the common school 
branches, reading, orthography, arithmetic, physiology, grammar, 
civics, geography. United States history, penmanship and music ; pro- 
vided however, that such person may be admitted to any grade in such 
high school upon his passing a satisfactory examination before the 
officers thereof, or under their direction. 

Sec. 3. Tuition fee — how paid. The school corporation in which 
such student resides shall pay to the treasurer of the school corpora- 
tion in which such student shall be permitted to enter, a tuition fee 
equal to the average cost of tuition and the average proportion of 
contingent expenses in the high school department in the latter cor- 
poration during the time he so attend, not exceeding, however, a total 
period of four (4) school years. Such payment to be made out of the 
teachers fund and contingent fund of the debtor corporation. 

Sec. 4. Refusal or neglect — how collected. If payment is refused 
or neglected the board of the creditor corporation shall file with the 
auditor of the county of the pupil's residence a statement certified by 
its president specifying the amount due for tuition and for contingent 
expenses respectively, and the time for which the same is claimed; 
and the auditor shall transmit to the county treasurer an order direct- 



SCHOOL LAWS OP IOWA 133 

ing such treasurer to transfer the amount of such account from the 
debtor corporation to the creditor corporation, and the treasurer shall 
pay the same out in accordance therewith. 

COUNTY HIGH SCHOOLS. 

Section 2728. How established. Any county may establish a high 
school in the following manner : When the board of supervisors shall 
be presented with a petition signed by one-third of the electors of the 
county as shown by the returns of the last preceding election, request- 
ing the establishment of a county high school at a place in the county 
named therein, it shall submit the question, together with the amount 
of tax to be levied to erect the necessary buildings, at the next general 
electon to be held in the county, or at a special one called for that pur- 
pose, first giving twenty days' notice thereof in one or more newspapers 
published in the county, if any be published therein, and by posting such 
notice, written or printed, in each township of the county, at which 
election the vote shall be by ballot, for or against establishing the high 
school, and for or against the levying of the tax, the vote to be can- 
vassed in the same manner as that for county officers. Should a majority 
of all the votes cast upon the question be in favor of establishing such 
school, and the levying of such tax, the board of supervisors shall at 
once appoint six trustees, residents of the county, not more than two 
from the same township, who, with the county superintendent of com- 
mon schools as president, shall constitute a board of trustees for said 
high school. [27 G. A., ch. 84, § 1 ; C. '73, § 1697-9, 1701.] 

Sec. 2729. Trustees— officers. The trustees, within ten days after 
appointment, shall qualify by taking the oath of civil officers, and giving 
bond in such sum as the board of supervisors may require, with sureties 
to be approved by it, and shall hold office until their successors are 
elected and qualified, who shall be elected at the general election follow- 
ing. The trustees, then elected, shall be divided into two classes of 
three each, and hold their office two and four years, respectively, their 
several terms to be decided by lot ; and in all county high schools hereto- 
fore established the terms of all trustees thereof shall expire on the first 
day of January, 1907, and at the general election in 1906 there shall be 
six trustees elected for each of said county high schools, three of whom 
shall be elected for two years, and three of whom for four years, and at 
each general election thereafter three trustees shall be elected for the 
term of four years ; the trustees so elected to qualify in the same manner 
and at the same time as other county officers and all vacancies occurring 
to be filled by appointment by the board of supervisors, the appointee 
to hold the office imtil the next general election, and a majority of 
which trustees shall constitute a quorum for the transaction of busi- 
ness. At the first meeting held in each year, the board shall appoint a 
secretary and treasurer from their own number, who shall perform the 
usual duties devolving upon like officers. The treasurer, in addition to 
his bond as trustee, shall give one as treasurer, in such sum and with 



134 SCHOOL LAWS OF IOWA 

such sureties as may be fixed by the board, and receive all moneys from 
all sources belonging to the funds of the school, and pay them out as 
directed by the board of trustees, upon orders drawn by the president 
and countersigned by the secretary; both of which officers shall keep 
an accurate account of all moneys reeived and paid out, and at the close 
of each year, and whenever required by the board, shall make a full 
itemized and detailed report [31 G. A., ch. 135; C. '73, §§ 1699, 1700, 
^S?C4, 1711.] 

Sec. 2730. Site — ^tax. As soon as convenient after the organization 
jf the board, it shall proceed to select the best site that can be ob- 
tained without expense to the county, at the place named in the petition 
upon which the vote was taken, for the erection of the necessary school 
buildings, the title to be taken in the name of the county, and shall pro- 
cure plans and specifications for the erection of such buildings, and 
make all necessary contracts for the erection of the same, the cost of 
which, when completed, shall not exceed the amount of the tax so levied 
therefor. They shall also annually make and certify to the board of 
supervisors on or before the first Monday of September of each year, an 
estimate of the amount of funds needed for improvements, teachers' 
wages and conting-^nt expenses for the ensuing year, designating the 
amount for each, wliich, in the aggregate shall not exceed, in any one 
year, two mills on the dollar, upon the taxable property of the county. 
No expenditures fur buildings or other improvements shall be made, or 
contract entered into therefor, by said board, involving an outlay of to 
exceed five hundred dollars in any one year, without the same first being 
submitted to the electors of the county in which said school be located, 
for their approval ; the tax to be levied and collected in the same manner 
as other county taxes, and paid over by the county treasurer in the same 
manner as stjhool funds are paid to district treasurers. [27 G. A., ch. 
84, § 2; C. '73, §§ 1702-3, 1705.] 

Sec. 2731. Building's — management. Said board shall make no pur- 
chases, nor enter into any contracts in smy year, in excess of the funds 
on hand and to be raised by the levy of that year. It shall employ, 
when suitable buildings have been furnished, a competent principal 
teacher to take charge of the school, and such assistant teachers as may 
be necessary, and fix the salaries to be paid them, and in the conduct of 
the school may employ advanced students to assist in the work. Annual 
reports shall be made by the secretary to the board of supervisors, which 
report shall give the number of students, with the sex of each, who have 
been in attendance during the year, the branches taught, the text-books 
used number of teachers employed salary paid to each amount ex- 
pended for library apparatus, buildings and all other expenses, the 
amount of funds on hand, debts contracted, and such other information 
as may be deemed important, and this report shall be printed in at 
least one newspaper in the county, if any is published therein, and a 
copy forwarded to the superintendent of public instruction. And for 
their services the trustees shall each receive the sum of tAvo dollars per 
day for the time actually employed in the discharge of official duties, 
claims for services to be presented, audited, and paid out of the county 



SCHOOL LAWS OF IOWA 135 

treasury, in the same manner as other accounts against the county. [27 
G. A., ch. 84, § 3; C. '73, §§ 1705-6, 1710, 1712.] 

Sec. 2732. Regulations. The princii)al of any such high school, 
with the approval of the board of trustees shall make such rules and 
regulations as is deemed proper in regard to the studies, conduct and 
government of the pupils ; and any pupil who will not conform to and 
obey such rules may be suspended or expelled therefrom by the board 
of trustees. Said board of trustees shall make all necessary rules and 
regulations in regard to the age and grade of attainments necessary to 
entitle pupils to admission into the school, and shall, on or before the 
tenth day of July of each year make an apportionment between the 
different school corporations of the county, of the pupils that shall 
attend said school, and shall apportion to each of said school corpora- 
tions its proportionate number, based upon the number of pupils that 
can be reasonably accommodated in said school, and the number of 
pupils of school age, actual residents of such school corporations, as 
shown by the county superintendent's report last filed with the county 
auditor, of said county; said apportionment shall be published in the 
official papers of such county, to be paid for, as other county printing; 
pupils from the said school coroprations to the number so designated in 
such apportionment, shall be entitled to admission into said school, 
tuition free, and none others, and it shall be unlawful to accredit pupils 
so attending to any other school corporation, than the one in which they 
are enumerated for school purposes. Should there be more applicants 
for such admission from any school corporation than its proportionate 
number, so determined, then the board of directors of such school cor- 
poration shall designate which of said applicants shall be entitled to so 
attend. If the school shall be capable of accommodating more pupils 
than those attending under such apportionment, others may be ad- 
mitted by the board of trustees, preference at all times being given to 
pupils desiring such admission, who are residents of the county. The 
board of trustees shall fix reasonable tuition for such pupils. If such 
pupils are residents of the county the school corporation from which 
they attend shall pay their tuition out of its contingent fund. The 
principal of such high school shall report to the said board of trustees 
under oath, at the close of each term the names and number of pupils 
attending such school during said term, from what school corporation 
they attended, and the amount of tuition, if any, paid by each, the same 
to be included in the annual report of the secretary of the board of 
trustees to the board of supervisors, provided for in section twenty- 
seven hundred and thirty-one (2731) of the code. The tuition so paid 
to be turned over to the treasurer of the board of trustees to be used in 
paying the expenses of said school under the direction of said board. 
[27 G. A., ch. 84. § 4; C. '73, § 1709.] 

Sec. 2733. Petitions to abolish — election. Whenever citizens of any 
county having a county high school desire to abolish the same or to 
dispose of any part of the buildings or property thereof; they may 
petition the board of supervisors at any regular session thereof in rela- 
tion thereto, and sections three hundred and ninety-seven (397), three 



136 SCHOOL LAWS OF IOWA 

hundred and ninety-eight (398), three hundred and ninety-nine (399) 
and four hundred (400) of the code shall apply to and govern the whole 
matter, including the manner of presenting and determining the suffi- 
ciency of such petitions and remonstrances thereto so far as applicable. 
If an election is ordered the same shall be held at the time of the gen- 
eral election or at a special election called for that purpose and the 
proposition shall be submitted and the election conducted in the man- 
ner provided in title six (6) of the code. If any proposition as herein 
provided be legally submitted and adopted, the board of supervisors is 
hereby empowered to carry the same into effect. [27 G. A., ch. 84, § 5; 
C. 73, §§ 1707-8.] 



Section 1304. Exemptions. The following classes of property are 
not to be taxed : 

1. The property of the United States and this state, including uni- 
versity, agricultural college and school lands, and all property leased 
to the state ; the property of a county, township, city, town or school 
district or militia company, Avhen devoted entirely to public use and 
not held for pecuniary profit ; municipal, school and drainage bonds 
or certificates hereafter issued; public grounds, including all places 
for the burial of the dead, crematoriums, the land on which they are 
built and appurtenant thereto not exceeding one acre, so long as no 
dividends or profits are derived therefrom ; fire engines and all imple- 
ments for extinguishing fires, with the grounds used exclusively for 
their buildings and meetings of the fire companies — ^shall not be taxed. 
(33 G. A., Ch. 81; 32 G. A., Ch. 54; 31 G. A., Ch. 48; 29 G. A., Ch. 56, 
§ 1; 26 G. A., Ch. 29; 21 G. A., Ch. 97; C, '73 § 797; K, §711; C, '51, 
§ 455.) 



ENTRANCE AND EXIT DOORS. 

Section 4994-a-9. Entrance and exit doors to open outward. ''The 
entrance and exit doors of all hotels, churches, lodge halls, court houses, 
assembly halls, theaters, opera houses, colleges and public school 
houses, and the entrance doors to all class and assembly rooms in all 
public school buildings, in all cities and incorporated towns, shall open 
outward." * [33 G. A., ch. 220; 30 G. A., ch. 136.] 

CHAPTER 128. 

34 G. A. 

FIRE DRILL — COMPULSORY. 

Sec. 11. Fire drill — exits — ^penalty. It shall be the duty of the 
state fire marshal and his deputies to require teachers of public and 
private schools, in all buildings of more than one story, to have at least 



SCHOOL LAWS OP IOWA 137 

one fire drill each month, and to require all teachers of such schools, 
whether occupying buildings of one or more stories, to keep all doors 
and exits of their respective rooms and buildings unlocked during 
school hours. The state fire marshal shall prepare a bulletin upon the 
causes and dangers of fires, arranged in not less than four divisions or 
chapters, and under the direction of the executive council shall publish 
and deliver the same to the public schools throughout the state and the 
teachers thereof shall be required to instruct their pupils in at least 
one lesson each quarter of the school year with reference to the causes 
and dangers of fires. Any teacher failing to comply with the provisions 
of this section shall be guilty of a misdemeanor and shall be punishable 
by a fine of not to exceed ten ($10.00) dollars for each offense. [34 Gr. A. 
ch. 128.] 



CONSTITUTION OF IOWA 

ARTICLE 9. 
1. EDUCATION AND SCHOOL LANDS. 2. SCHOOL FUNDS AND SCHOOL 

LANDS. 

Section 1. Under control of general assembly. The educational and 
school fund and lands, shall be under the control and management of 
the general assembly of this state. 

Sec. 2, Permanent fund. The university lands, and the proceeds 
thereof, and all moneys belonging to said fund shall be a permanent 
fund for the sole use of the state university. The interest arising from 
the same shall be annually appropriated for the support and benefit of 
said university. 

Sec. 3. Lands appropriated. The general assembly shall encourage, 
by all suitable means, the promotion of intellectual, scientific, moral 
and agricultural improvement. The proceeds of all lands that have 
been, or hereafter may be, granted by the United States to this state, 
for the support of schools, which may have been or shall hereafter be 
sold or disposed of, and the five hundred thousand acres of land granted 
to the new states, under an act of congress, distributing the proceeds 
of the public lands among the several states of the union, approved in 
the year of our Lord one thousand eight hundred and forty-one, and 
all estates of deceased persons who may have died without leaving a will 
or heir, and also such per cent as has been or may hereafter be granted 
by congress, on the sale of lands in this state, shall be, and remain a 
perpetual fund, the interest of which, together with all rents of the 
unsold lands, and such other means as the general assembly may pro- 
vide, shall be inviolably approrpriated to the support of common schools 
throughout the state. 

Sec. 4. Fines, etc. — how appropriated. The money which may have 
been or shall be paid by persons as an equivalent from exemption from 
military duty, and the clear proceeds of all fines collected in the several 
counties for any breach of the penal laws shall be exclusively applied 
in the several counties in which such money is paid, or fine collected. 



138 SCHOOL LAWS OF IOWA 

among the several scliool districts of said counties, in proportion to the 
number of youths subject to enumeration in such districts, to the sup- 
port of common schools, or the establishment of libraries, as the board 
of education shall from time to time provide. 

Sec. 5. Proceeds of lands. The general assembly shall take meas- 
ures for the protection, improvement, or other disposition of such lands 
as have been, or may hereafter be reserved, or granted by the United 
States, or any person or persons to this state, for the use of the univer- 
sity, and the funds accruing from the rents or sale of such lands, or 
from any other siuree for the purpose aforesaid, shall be, and remain, a 
permanent fund, the interest of which shall be applied to the support of 
said university, for the promotion of literature, the arts and sciences, 
as may be authorized by the terms of such grant. And it shall be the 
duty of the general assembly, as soon as may be, to provide effectual 
means for the improvement and permanent security of the funds of 
said university. 

See. 6. Agents of scliool funds. The financial agents of the school 
funds shall be the same that, by law, receive and control the state and 
county revenue, for other civil purposes, under such regulations as may 
be provided by law. 

Sec. 7. Distribution. The money subject to the support and main- 
tenance of common schools shall be distributed to the districts in pro- 
portion to the number of youths, between the ages of five and twenty- 
one years, in such manner as may be provided by the general assembly. 

An act providing for a different method of distribution of the school 
fund, held unconstitutional as in conflict with the above section. Dist. Tp. v. 
County Judge, 13 Iowa, 250. 

STATE BOARD OF EDUCATION. 
33 G. A., Chapter 170; 34 G. A., Ch. 132. 

Section 1. State board of education. The state university, the col- 
lege of agriculture and mechanic arts, including the agricultural ex- 
periment station, and the State Teachers' College at Cedar Falls, and 
the College for the Blind at Vinton, shall be governed by a state board 
of education consisting of nine members and not more than five of the 
members shall be of the same political party. Not more than three 
alumni of the above institutions and but one alumnus from each institu- 
tion may be members of this board at one time. 

Sec. 3. Meeting's. The board shall meet four times a year. Special 
meetings may be called by the board, by the president of the board, or 
they may be called by the secretary of the board, upon the written 
request of any five members thereof. 

See. 4. Powers and duties — organization. The state board of edu- 
cation shall have power to elect a president from their number; a 
■president and treasurer for each of said educational institutions, and 
professors, instructors, officers, and employes, to fix the compensation 
to be paid to such officers and employes ; to make rules and regulations 
for the government of said schools, not inconsistent with the laws of 



SCHOOL LAWS OF IOWA 139 

the state ; to manage and control the property, both real and personal, 
belonging to said educational institutions; to execute trusts or other 
obligations now or hereafter committed to the institutions; to direct 
the expenditure of all appropriations the general assembly shall, from 
time to time, make to said institutions, and the expenditure of any 
other moneys ; and to do such other acts as are necessary and proper for 
the execution of the powers and duties conferred upon them by law. 
Within ten days after the appointment and qualification of the members 
of the board, it shall organize and prepare to assume the duties to be 
vested in said board, but shall not exercise control of said institutions 
until the first day of July, A. D. one thousand nine hundred nine (1909). 

Sec. 5. Board of regents and boards of trustees abolished. The board 
of regents and the boards of trustees now charged with the government 
of the state university, the college of agriculture and mechanic arts, and 
the normal school, shall cease to exist on the first day of July, A. D. 
1909, and, on the same date, full power to manage said institutions, as 
herein provided, shall vest in the said state board of education. Nothing 
herein contained shall limit the general supervision or examining 
powers vested in the governor by the laws or constitution of the state. 

Sec. 6. Finance committee — officers — duties — term. The said board 
of education shall appoint a finance committee of three from outside of 
its membership, and shall designate one of such committee as chair- 
man and one as secretary. The secretary of this committee shall also 
act as secretary of the board of education and shall keep a record of 
the proceedings of the board and of the committee and carefully pre- 
serve all their books and papers. All acts of the board relating to the 
management, purchase, disposition, or use of lands or other property 
of said educational institutions shall be entered of record, and shall 
show who are present and how each member voted upon each proposi- 
tion when a roll call is demanded. He shall do and perform such other 
duties as may be required of him by law or the rules and regulations of 
said board. Not more than two members of this committee shall be of 
the same political party and its members shall hold office for a term of 
three years unless sooner removed by a vote of two-thirds of the mem- 
bers of the state board of education. 

Sec. 7. Qualification. Each member of the board and each member 
of the finance committee shall take oath and qualify, as required by 
section one hundred seventy-nine (179) of the code. The members of 
the finance committee, before entering upon their official duties, shall 
each give an official bond in the sum of twenty-five thousand dollars 
($25,000), conditioned as provided by law, signed by sureties approved 
by the governor and, when so given, said bonds shall be filed in the 
office of the secretary of state. 

Sec. 9. Business office — employes — monthly visitation. A business 
office shall also be maintained at each of the three educational institu- 
tions, and the board shall hire such employes as may be necessary to 
assist the said finance committee in the performance of its duties, and 
shall present to each general assembly an itemized account of the ex- 
pendituros of snid committee. Thf members of the fiunncp committee 



140 SCHOOL LAWS OF IOWA 

shall, once each month, attend each of the institutions named for the 
purpose of familiarizing themselves with the work being done, and 
transacting any business that may properly be brought before them as 
a committee. 

Sec. 19. Bienmal report. The board shall make reports to the gov- 
ernor and legislature of its observations and conclusions respecting each 
and every one of the institutions named, including the regular biennial 
report to the legislature covering the biennial period ending June 30th, 
(preceding the regular session of the general assembly. Said biennial 
report shall be made not later than October 1st, in the year preceding 
the meeting of the general assembly, and shall also contain the reports 
which the executive officers of the several institutions are now or may 
be by the board required to make, including, for the use of the legis- 
lature, biennial estimates of appropriations necessary and proper to be 
made for the support of the said several institutions and for the extra 
ordinary and special expenditures for buildings, betterments and other 
improvements. That all the powers heretofore granted to and exercised 
by the board of control over the College for the Blind are hereby trans- 
ferred to the State Board of Education and the State Board of Educa- 
tion is authorized and empowered to take charge of, manage and con- 
trol said College for the Blind. 

THE STATE COLLEGE OP AGRICULTURE AND MECHANIC ARTS. 

Act of Congress, July 2, 1862. 

AN ACT donating public lands to the several states and territories wWcli 
may provide colleges for the beneflt of agriculture and mechanic arts. 

Section 1. That there be granted to the several states for the pur- 
pose herienafter named, an amount of the public land, to be appor- 
tioned to each state, a quantity equal to thirty thousand acres for each 
senator and representative in congress to which the states are respec- 
tively entitled, by the apportionment under the census of 1860; pro- 
vided, that no mineral lands shall be selected under the provisions of 
this act. 

See. 2. That the land aforesaid, after being surveyed, shall be ap- 
portioned to the several states in sections or sub-divisions of sections, 
not less than one-quarter of a section ; and whenever there are public 
lands in a state subject to sale at private entry at one dollar and twenty- 
five cents per acre, the quantity to which said state shall be entitled 
shall be selected from such lands within the limits of such state, and 
the secretary of the interior is hereby directed to issue to each of the 
states in which there is not the quantity of public lands subject to sale 
at private entry at one dollar and twenty-five cents per acre, to which 
said state may be entitled under this act, land scrip to the amount in 
acres for the deficiency of its distributive share; said scrip to be sold 
by said states and the proceeds thereof to be applied to the uses and 
purposes prescribed in this act, and for no other purpose whatever; 
provided, that in no case shall anv stat^ to which land serin mav thus 



SCHOOL LAWS OF IOWA 141 

be issued, be allowed to locate the same within the limits of a,ny other 
state, or of any territory of the United States, but their assignees may 
thus locate said land scrip upon any of the unappropriated lands of the 
United States subject to sale at private entry at one dollar and twenty- 
five cents or less per acre ; and provided further, that not more than 
one million acres shall be located by such assignees, in any oae of th'fe 
states ; and provided further, that no such location shall be made before 
one year from the passage of this act. 

Sec. 3. That all the expenses of management, superintendence, and 
taxes from date of selection of said lands previous to their sale, and all 
the expenses incurred in the management and disbursement of the 
moneys which may be received therefrom, shall be paid by the state to 
which they may belong, out of the treasury of said state, so that the 
entire proceeds of the sales of said lands shall be applied without any 
diminution whatever to the purposes hereinafter mentioned. 

Sec. 4. That all moneys derived from the sale of the lands aforesaid 
by the states to which the lands are apportioned, and from the sale of 
land scrip hereinbefore provided for, shall be invested in the stocks of 
the United States, or of the states, or of some other safe stocks, yield- 
ing not less than five per centum upon the par value of said stocks ; and 
that the money so invested shall constitute a perpetual fund, the capital 
of which shall remain forever undiminished (except so far as may be 
provided in section fifth of this act), and the interest of which shall be 
inviolably appropriated by each state, which may take and claim the 
benefit of this act, to the endowment, support, and maintenance, of at 
least one college, where the leading object shall be, without excluding 
other scientific and classical studies, and including military tactics, to 
teach such branches of learning as are related to agriculture and the 
mechanic arts, in such manner as the legislatures of the states may 
respectively prescribe, in order to promote the liberal and practical 
education of the industrial classes in the several pursuits and profes- 
sions of life. 

[Chapter 108, Statutes at Large, 47th Congress, approved April 26, 1882, 
amends this section "so as to permit the state of Iowa, which has provided 
a college in accordance with this act, to loan endowment fund belonging to 
said college, upon real estate security, under such rules and regulations as 
the general assembly shall ihereafter provide."] 

Sec. 5. And he it further enacted, that the grant of land and land 
scrip hereby authorized shall be made on the following conditions, to 
which, as well as to the provisions hereinbefore contained, the previous 
assent of the several states shall be signified by legislative acts: 

First. If any portion of the fund invested as provided by the fore- 
going section, or any portion of the interest thereon shall, by any action 
or contingency, be diminished or lost, it shall be replaced by the state 
to which it belongs, so that the capital of the fund shall remain forever 
undiminished, and the annual interest shall be regularly applied, with- 
out diminution, to the purposes mentioned in the fourth seciton of this 
act, except that a sum not exceeding ten per centum upon the amount 



142 SCHOOL LAWS OP IOWA 

received by any state under the provisions of this act may be expended 
for the purchase of lands for sites or experimental farms, whenever 
authorized by the respective legislatures of said states. 

LAWS OF IOWA. 

Sec. 2645. Grant accepted. Legislative assent is given to the Dur- 
poses of the various congressional grants to the state for the endow- 
ment and support of a college of agriculture and mechanic arts, and an 
agricultural experiment station as a department thereof, upon the 
terms, conditions and restrictions contained in all acts of congress re- 
lating thereto, and the state assumes the duties, obligations and respon- 
sibilities thereby imposed. All moneys appropriated by the state be- 
cause of the obligations thus assumed, and all funds arising from said 
congressional grants, shall be invested or expended in accordance with 
the provision of such grant, for the use and support of said college 
located at Ames. [24 G. A., ch. 6 ; 20 G. A., ch. 76, § 1 ; C. 73, § 1604; 
R., § 1714.] 

Sec. 2648. Courses of study. There shall be adopted and taught 
practical courses of study embracing in their leading branches such as 
relate to agriculture and the mechanic arts, and such other branches as 
are best calculated to thoroughly educate the agricultural and in- 
dustrial classes in the several pursuits and professions of life, including 
military tactics, and, as a separate department, a school of mines, in 
which a complete course in theoretical and practical mining in its dif- 
ferent branches shall be taught. [25 G. A., ch., 107; 20 G. A., ch. 27; 
C. '73, § 1621.] 

Sec. 2649. Tuition — admission. Tuition in the college herein es- 
tablished shall be forever free to pupils from the state over sixteen 
years of age, who have been residents of this state six months previous 
to their admission. Each county in this state shall have a prior right 
to tuition for three scholars from such county ; the remainder, equal to 
the capacity of the college, shall be by the trustees distributed among 
the counties in proportion to the population, subject to the above rule. 
Transient scholars otherwise qualified, may at all times receive tuition. 
[C. 73, § 1619.] 

Note: Reports. See also section 2682-b, page 125. 

Sec. 2673. Sale of liquors. No person shall open, maintain or con- 
duct any shop or other place for the sale of wine, beer or spirituous 
liquors, or sell the same at any place within a distance of three miles 
'from the agricultural college and farm; provided, that the same may 
be sold for sacramental, mechanical, medical or culinary purposes ; and 
any person violating the provisions of this section shall be punished on 
conviction by any court of competent jurisdiction, by a fine not exceed- 
ing fifty dollars for each offense, or by imprisonment in the county jail 
for a term not exceeding thirty days, or by both such fine and imprison- 
ment. [C. 73, § 1620.] 



SCHOOL LAWS OF IOWA 143 

THE NORMAL SCHOOL. 

Sec. 2675. Board of trustees — officers. The normal school at Cedar 
Falls, for the special instruction and training: of teachers for the com- 
mon schools, shall be officially desigriated and known as the Iowa State 
Teachers' College. The treasurer shall give bond in the sum of twenty 
thousand dollars, with good and sufficient sureties, to be filed with and 
approved by the secretary of state, which bond shall be conditioned for 
the safe keeping and proper disbursement of all money coming into his 
hands by virtue of his office. [33 G. A., ch. 17 ; 16 G. A.', ch. 129, §§ 1, 4.] 

See. 2676. Powers of board — admissions — fees. The board shall 
have power to employ a sufficient number of suitable and competent 
teachers and other assistants ; fix their compensation ; make all neces- 
sary rules and regulations for the management of the school, the admis- 
sion of pupils from the several counties in the state, giving to each 
county its proper representation therein in proportion to the population 
thereof, and to all teachers in the state equal rights, requiring that 
each one received as a pupil shall furnish satisfactory evidence of good 
moral character and the honest intention of following the business of 
teaching school in the state ; and make such arrangements as it may for 
the lodging and boarding of pupils, which shall be paid for by them. 
It maj^ charge a fee for contingent expenses not to exceed one dollar 
monthly, and a tuition fee of not more than six dollars a term, if neces- 
sary for the proper support of the institution, and shall determine what 
part of the year the school shall be open, its sessions to continue, how- 
ever, for at least twenty-six weeks of each year. [17 G. A., ch. 142, § 2 ; 
16 G. A., ch. 129, § 5.] 

Sec. 2677. Branches of study. Physiology and hygiene shall be in- 
cluded in the branches of study regularly taught to and studied by all 
pupils in the school, and special reference shall be made to the effect 
of alcoholic drinks, stimulants and narcotics upon the human system, 
and the board shall provide the means for the enforcement of the pro- 
visions of this section and see that they are obeyed. [25 G. A., ch. 1, 
§ 1.] 

Sec. 2678. Contract with school districts. The board may contract 
with the board of directors of the school toAvnship or independent dis- 
trict in which the school is situated, and those contiguous thereto, for a 
period not exceeding two years at a time, to receive the pupils thereof 
into the State Teachers' College and furnish them with instruction, 
payment therefor to be made out of the teachers' fund of such town- 
ships or districts, which shall not exceed fifty cents, weekly, for each 
pupil; the contract to be in writing, and a copy filed with the county 
superintendent. [25 G. A., ch. 40, §§ 1-3.] 

Sec. 2679. Teachers' reports — tuition. If such a contract is entered 
into, all reports required by law to be made to the board of directors of 
such township or districts and the county superintendent, by the 
teachers thereof, shall be made by the principal of the normal school, 
and all sums paid for tuition shall go to its contingent fund. [Same, 
§§ 3, 4.] 



144 SCHOOL LAWS OF IOWA 

Sec. 2680. Report to governor. The board shall biennially, through 
its secretary, make a detailed report to the governor of its proceedings 
during the preceding two years, which report shall show the num- 
ber of teachers employed, the compensation of each, the number 
of pupils and classification, an itemized statement of receipts and ex- 
penditures, and such further information with such recommendations 

Sec. 2682-b. Reports — what to contain. That the secretary of the 
state university, the secretary of the state college of agriculture and 
mechanic arts, and the secretary of the State Teachers' College be re- 
quired hereafter to make report to each general assembly within three 
days after the said general assembly shall have convened. Said reports 
shall show in plain manner the amount available each fiscal year from 
state appropriations and all other sources, for the erection, equipment, 
improvement and repair of buildings, also the funds received from 
state appropriations, interest on endowment funds, tuition, laboratory 
fees, janitor fees, donations, rent of lands and from all sources what- 
soever, going to affect the annual income of the support funds of said 
institutions. Any appropriation of funds received for any special pur- 
pose whatsoever shall also be reported. Hospital receipts and sales of 
departments shall be listed separately. The report shall show how 
the moneys thus received were expended, giving under separate heads 
the cost of instruction, administration, maintenance and equipment of 
departments, and the general expenses of the institutions. It shall 
clearly state the number of professors, instructors, fellows and tutors, 
and the number of students enrolled in each course during each year 
of the biennial period. Students attending the short courses shall be 
reported separately. The amount of unexpended balances of depart- 
ments, remaining in the hands of the treasurer, and the amounts un- 
drawn from the state treasury on the thirtieth of June of the last year 
of the biennial period shall be given. The report of the secretary of 
the state college of agriculture and mechanic arts shall also show the 
receipts of the experiment station from all sources for each fiscal year 
and how. such funds were expended. [33 G. A., ch. 170; 30 G. A., ch. 
104.1 , , , , 



INDEX TO SCHOOL LAWS 



Note — The subject heads of this index are arranged in perfect alphabetical order; the sub- 
heads nearly so. The principal word of reference occurs first in order and the words that 
follow it refer either to the subject head or to the principal word of reference as the sense 
requires. 



Accounts — 

Attendance in another corporation. .-2803 

Audited by Board 2780 

Bonds sold, kept by Treasurer 2812-f 

County Board of Education, kept by 2833 

County Auditor, kept by 2808 

Expenditures of finance committee.. 

Ch. 170, Page 13J, Sec. 9 

Institute Fund, of 2738 

Secretary, by 2761 

Treasurer, by 27e8 

Trustees County High School by 2729 

Accredited High Schools- 
Appropriation for inspector of 2634-d2 

Appropriation for ..2634-d6 

Certificate of graduation issued 2631~dD 

Conditions of admission to, pre- 
scribed ■ 2634-d3 

County or township school given 

preference 2634-c 

Course of study in 2634-c 

Examination, fee for 2e34-d4 

Examination conducted by Co. Supt.2634-d4 
Examinations for graduation from..2634:-d4 
Inspector appointed by State Supt..2G34-d2 
Normal training in, consists of what-2C34-c 

Private school eligible as 2634-d 

State aid to, how given r634-dl 

Train teachers for rural schools 2(:34-c 

Acre — 

Site by condemnation, may or may 
not exceed 2814 

Adjournment- 
Less than quorum of Board may 
adjourn 2771 

Advertisement — 

Bids for purchase of text-books 2828 

Bids for erection of schoolhouse, 

$300 or over 2779 

Intoxicating liquors and tobacco, 

forbidden 5028-s 

p. 130 
10 



Affidavit — 

Appeal, consists of what 2818 

Basis of appeal 2818 

Sets forth errors complained of 2818 

Time for filing 2818 

Age- 
Free attendance, for 2773 

Persons compelled to attend school.2823-a 

Scholar, of 2804 

Scliolars in attendance 2789 

Voter at school meeting 2748 

Agricultural College, see State College 
of Agriculture and Mechanic Arts — 

Alcoholic Drinks and Narcotics — 

ElTects of, taught in Normal School.2677 

Examination of teacher upon 2734-d 

County Supt.must report regarding.2739 
Law regarding teaching, enforced. ..2740 
Instruction as to effects 2775 

Annual Meeting — 

Board shall present statement at 2780 

Change of textbooks illegal unless 

directed at, when 2829 

Free text-books, submitted at 2836 

Free text-books, voted at 2837 

Free text-books, discontinued at 2837 

Instructions at, obeyed by Board.-.2778 

.Judgment tax voted at 2811 

Notice of, posted .2746 

Officers of 2746 

Text-books, change of, directed at-2749 

Time of, second Monday, March 2716 

Voting must be by ballot 2749-2754 

Voters at, who are 2747 

Apparatus — 

Expenditure for, in Co. High School.£731 
Purchase of, with contingent fund.. 2783 

Value of, reported by secretary 2765 

Value of reported to Governor 2625 



146 



SCHOOL LAWS OF IOWA 



A — Continued 



Appeal- 
Affidavit, basis of 2818 

Costs of, taxed to appellant, wheii-2821 

Costs of, transcript of, filed 2821 

Co. Supt. notifies secretary of 2819 

Decision on, final, when 2819 

From decision of arbitrators 2802 

From decision of County Supt 2623 

Hearing and decision by Co. Supt. -.2819 
Judgment for money not rendered 

on 2820 

Persons interested, notified of 2819 

Taken to State Supt., when 2820 

■ Time of hearing fixed 2819 

Secretary to send up transcript on__2819 
Witnesses at, attendance compelled- -2821 
Witnesses at, subpoenas issued for_.2821 
Witnesses at, fees 2821 

Appointment — 

Assistants at examination by Co. 
Supt. 27S4-C 

Assistant examiners 2629 

Board of Educational Examiners, 
two members 2628 

Deputy by Co. Supt. 2734-b 

Deputy by State Superintendent 2621 

Judges of election, annual meeting— 2746 

Judges of election in precincts 2756 

Normal Institute, time and place 2622 

Officers at subdistrict meeting 2751 

President and secretary pro tem 2772 

Qualifications necessary for 2748 

Secretary, independent district, who 

eligible 2748 

Vacancies, County High School 

Trustees 2729 

Vacancies in Board, to fill 2758 

Vacancies, vote to fill by ballot 2771 



Apportionment; see Semi- Annual Appor- 
tionment. 

Appraisers, see Referees. 

Appropriations- 
Estimates of, for educational insti- 
tutions Ch. 170, P. 140 Sec. 

Arbitrators — 

Appeals from decision of 

Decision of, in writing 

Selected by Boards, when 



-2802 
-2802 
.2802 



Assets and Liabilities — 

Divided on dissolution of consolid- 
ated district 1 2794-a5 

Equitable division by Board 2802 

Attendance — 

Age for 2804 

Compulsory 2823-a 

Contracts wth other Boards for 2774 

County High School at 2733 

Pree to actual residents 2773 

In another corporation 2803 

Nonresidents 2804 

Normal School, at 2676 

Register of, for each scholar 2789 

School for, determined by Board 2773 

Transportation expense in 2774 

Auditor; see County Auditor. 

Auditor of State — 

Report to, from State. Superintend- 
ent 2625 

Warrant, institute appropriation, is- 
sued by 2626 

Warrant, salary, expenses, State 

Superintendent 2627 

Warrant, subscription to educational 
paper 2624 



Ballot- 
Directors elected by 2754 

Director for subdistrict, elected by— 2751 

Election in precincts, must be by 2755 

Pree text-books authorized by 2837 

Independent district, formation of, 

vote by ..2794 

Independent district, united, vote 

by 2799 

Officers of Board elected by 2757 

Organization, consolidated independ- 
ent district by . 2794-a 

Rural independent district to orga- 
nize by 2797 

Rural Ind. Dist. united into school 

townships, vote by 2800 

Vacancies in Board, filled by 2771 

Voters vote by, for consolidated 

district 2794-a 

Voters vote by, to dissolve con- 
solidated district 2794-a5 



Ballot Box- 
Provided for each precinct 2756 

Separate, provided for women 2747 

note 
Separate for voters, when provided-2794-a 

Barbed Wire — 

County Superintendent shall en- 
force law 2740 

Use of for inclosurc, prohibited 2817 

Use of within ten feet, prohibited-— 2817 
Use of, penalty 2817 

Bequests — 

Accepted by school corporations 

740, P. 130 

Bible- 
Child not required to read 2805 

Not to be excluded from school 2805 



SCHOOL LAWS OF IOWA 



147 



Blind Persons- 
Reported by County Superintendent-2739 
Eeported to County Superintendent— 2765 

Board of Directors — 

Advertise before adopting text- 
books 2828 

Advertise before contracting to 

build 2779 

Arbitrators appointed by, on dis- 
agreement 2803 

Assets and liabilities, shall divide--2802 
Attendance of nonresidents, fixes 

terms ..2804 

Audit all claims 2780 

Barbed wire, use prohibited 2817 

Bonds for erecting, etc., may 

issue 2812-d 

Bonds filed with president 2760 

Bonds, shaU certify tax to pay 2813 

Bonds maturing, may issue bonds 

for 2812-c 

Bonds of secretary and treasurer...27C0 

Bonds, issue for judgment debt 2812-c 

Books and apparatus, may pur- 
chase 2783 

Books and supplies, keep for sale.. .2824 

Boundaries, may change 2793 

Boundaries of Ind. Dist. may estab- 
lish 2794 

Boundaries of subdistricts, may 

change 2801 

Certificate, shaU pay no person 

without 2788 

Certify taxes to Board of Super- 
visors 2794- al 

Civil township, how chosen in 2790 

Compensation, See. and Treas. 

fixed 2780 

Compensation, no member to re- 
ceive. 2780 

Consolidated Ind. Dist., election of-27'c4-a 

Counsel, may employ 2759 

County Supt. cannot be member.. .2734 

Course of study prescribed by 2772 

Election directors, shall give notice.2795 
Election of, in school townships-2751-2732 
Election of, in independent dist- 
ricts 2754-2756 

Election, shall call for dlssolution-.2794-a5 
Elect teachers and make contracts. .2778 
Free text-books, shall arrange for.. 2837 
Financial statement, publication of-2781 
Graded or union schools, establish.2776 
General supervision, may select per- 
son for 2776 

Industrial exposition, may hold 2786 

Instructions of annual meeting, 
shall obey 2778 

Judgment tax, paid from proper 
fund 2811 

Kindergarten department, may es- 
tablish 2777 

Levy taxes in consolidated districts-2794-al 
Levying tax, shaU submit question-2794-a4 



Location of school, may submit 
question 2794-a4 

Make rules regarding secret fraterni- 
ties Ch. 185, P. 131, Sec. 2 

Meetings of 2757 

Members on, in school townships..- 2752 

Members on, in Ind. districts 2754 

New rural independent district, for.2797 
Number of schools determined by 2773 

Organization of, in independent dis- 
tricts _ 2795 

Organization of, when effected 2794-al 

Proceedings of, recorded by secre- 
tary 2761 

Period school held, determined by-.2773 

President of, duties of 2759 

President or secretary of, pro tem..i772 
Performance of duties, required by.2772 

Qualifications for member of 2748 

Qualifications of members of 2758 

Quorum of 2771 

Referees' assessment, shall deposit„2815 
Referees' assessment, shall pay cost-2815 

Rules and regulations made by 2772 

Rent room, teacher for 10 scholars.-2774 

Secretary of, duties of 2761-2767 

Site for schoolhouse, fixed by 2773 

Site for schoolhouse may take 2814 

School, scholar shall attend, fixed 
by 2773 

Stimulants, effect of, require instru- 
tion 2775 

Schoolhouse, consult Co. Supt. be- 
fore building 2779 

Statement by, receipts and expendi- 
tures 2780 

Scholar, may expel 2782 

Scholar, may readmit 2782 

School property may insure 2783 

School Township divided into sub- 
districts by 2801 

Subdirector authorized to contract 

by 2785 

Subdivision of district by 2798 

Shade trees, shall set out 2787 

Suitable school building, must pro- 
vide .2794-a4 

Territory, may consent to attach.. .2791 
Territory restored by consent of, 

and Co. Supt. 2792 

Taxes, shall estimate 2806 

Taxes, shall certify for new dis- 
trict 2794 

Tax to pay judgment, shall certify-2811 
Tax, must apportion among subdis- 
tricts 2806 

Tax to pay bonds or interest, pro- 
vide 2813 

Text-books, may adopt and pur- 
chase — . 2824 

Text-books, advertise for bids on 2828 

Text-books, may loan to scholars. .2783 
Term of 2754-2745 



148 



SCHOOL LAWS OF IOWA 



B — Continued 



Transportation to and from school 
provide . ..2794-a2 

Transportation, designate route 
traveled 2794-a2 

Transported, children may be by 
parent, when 2794-a2 

Transportation, compensation al- 
lowed for , 2794-a2 

Transportation, unreasonable dist- 
ance, for 2794-a2 

Transportation, may suspend, when-2794-a2 
Transportation contract must be in 

writing . 2794-a3 

Treasurer of, duties of 2768-2769 

Transportation of children, paid by.2774 

Treasurer, settlement with 2780 

Teacher, may discharge for cause._2782 
Teacher, may be empowered by, to 

temporarily dismiss scholar 2782 

Unite districts, may 2800-2799 

Vacancy in, filled by appointment— 2758 

Vacancy in, filled by ballot 2771 

Visiting schools, provides for 2782 

Water-closets, special attention to— 2784 

Board of Education, see State Board of 
Education. 

Board of Educational Examiners- 
Amount of moneys, shall keep de- 
tailed acct. of 2633 

Certificates of graduates, may issue-2634-f 
Certificates or diploma, may revoke-2631 
Certificates of other states may 

validate 2630-c 

Compensation of members of 2634-a 

Composed of whom 2628 

Compensation of assistants 2634-a 

Examinations, hold two annually.._2629 
Examination, shall require fee for..2631 
Library books, shall prepare list of— 2823-p 
Moneys, shall pay to state treasury.2631 
President is Supt. of Public Inst. ..2628 

Eecord of proceedings, shall keep 2629 

Register of certificates, shall keep.^630-b 

Eules and regulations, adopt 2629 

Special primary certificates, may 

grant 2630-b 

Special certificates, may grant 2630-b 

State certificates and diplomas, 
issue 2629 

Board of Regents, State University, 

Abolished —33 G. A. Ch. 170, P. 139 

Board of Supervisors — 

Additional compensation to Co. 
Supt. 2742 

Board certifies amount of taxes tO— 2794-al 

Bond of trustees, require 2729 

County High School, appoint trus- 
tees 2728 

County High School, fill vacancies. -2729 



County High School, submit ques- 
tion 2728 

County Supt., shall not be member.. 2734-b 
County Board of Education, includ- 
ed in 2831 

Funds for institute, may appro- 
priate 2738 

Levy special subdistrict tax 2753 

Levy tax for new Independent dis- 
trict : 2706 

Levy tax for school funds 2807 

Levy county tax 1:807 

Levy tax to pay, bonds due 2818 

Levy tax to build 2731 

Levy tax in consolidated ind. dis- 
trict, when 2794-al 

Room for Co. Supt., shall provide-2734-e 

Board of Trustees, County High School — 

Annual reports, shall make 2731 

Classes of, three 2729 

Compensation of members of 2731 

Election of 2729 

Funds needed, shall estimate 2730 

Funds, no purchase in excess of.._2731 

President of, is Co. Supt 2728 

Qualify by taking oath 2729 

Rules and regulations, shall appro ve_2732 
Secretary and treasurer, shall ap- 
point 2729 

Site for schooliouse, shall select 2730 

Students of county, no charge 2732 

Students, may admit outside 
county 2732 

Teachers, shall employ 2731 

Who constitute 2728 

Board of Trustees of Normal School — 

Abolished 33 G. A. Ch. 170, P. 139 

Board of Trustees, Agricultural College 
Abolished 33 G. A. Oh. 170, P. 139 

Bond, of Person — 

Action on, brought by president 2760 

Action on, of publishers 2827 

Contractor, furnishing books and 

supplies 2830 

Contractor to build, of 2779 

Filed with president 2760 

Finance committee, by members of 

33 G. A. Ch. 170, P. 139 

Members of Finance Committee give 

Ch. 170, P. 139, Sec. 7 

Person keeping books and supplies. -2824 
Secretary and treasurer of board, 

give 2760 

Surety companies, accepted on 2830 

Trustees County High School, give--2729 

Bonds Issued for School Purposes- 
Engraving and printing paid 2812-e 



SCHOOL LAWS OP IOWA 



149 



Excess of $400,000 in, may run 20 

years - 2812-e 

Forms of 2812-e 

Indebtedness, board issue to pay... 2812-c 

Interest on, vote of 2812-e 

Judgment, to pay 2812-c 

Notice, not voted without 2746 

Paid in order of numVier 2812-f 

Par value, not sold under 2812-e 

Redemption of 2812-f 

Registration 2812-e 

School building, issue of 2812-d 

School funding, issue of 2812-c 

Signed by president and secretary— 2812-e 

Tax to pay on interest, limit 2813 

Time to run 2812-e 

Vote on issuance, majority 2820-d 

Books, see Textbooks. 



Canvass of Votes 

Annual meeting of voters, at 2746 

Annual subdistrict meeting 2751 

Consolidated corporation, organiza- 
tion 2794-a 

County High School, to establish— 2728 
County uniformly, when voted on— 2832 

Election precincts in 2756 

Independent district, formation of..2795 

Officers of the Board, for 2757 

Record of, kept by secretary 2761 

Vacancy among officers or mem- 
bers 2771 

Certificate of Admission — 

Admission to High School, qualifica- 
tions Ch. 146, P. 132, Sec. 2 

Certificate of Election- 
Directors, elected to — 2746-2756 

Directors of subdistricts to 2751 

Certificate of Teacher-County— 

Examination for 2734-c-2734-n 

Fee for -.2734-p 

For life, lapse when 2734-kl 

Graduation from accredited High 

School 2634-d5 

Graduation from High School, ex- 
changed for county 2634-d5 

Renewed for life, how 2634-hl 

Renewal of, fee for 2634-h 

Revocation of 2734-u 

Registration of 2734-q 

Special studies for 2734-e 

Teacher, not employed without 2788 

Term of 2734-j-2734-t 

Third grade, issued for one year 2734-1 

Valid for two years, when 2734-h 



Boundaries — 

Alteration of, in subdistricts 2801 

Changed by attaching territory 2791 

Changed by restoring territory 2792 

Changes In, copy of, delivered '2801 

Changes of, in subdistricts, take 

effect .2801 

Consolidated corporation of 2794-a 

Contiguous corporation, of 2793 

Description of, recorded In records-.2801 

Divisions for attendance 2773 

Independent district established 2794 

Independent district, subdivision of-27G8 „ 

Independent districts, uniting 2799 

Subdistricts conform to congression- 
al division 2801 

Subdistricts school township divided.2801 

Branches of study- 
Added to course by voters 2749 

Determined by Board 2772 

Certificate or Diploma-State— 

Fee for 2631 

Graduates of accredited colleges 

- 2634-f-2634-g 

Granted upon examination 2629 

Primary teachers, granted to 2630-b 

Registration of 2734-q 

Revocation of 2631-2734-u 

Subjects of examination for 2629-2734-d 

Validated for Life, Lapse 2734-kl 

Chairman- 
Annual meeting, president of Board 

is —2746 

Board educational examiners. State 

Supt. 2628 

Board trustees, County High School-2728 
County board education, Co. Supt. 2833 

Temporary, appointed when 2772 

President of Board at board meet- 
ings 2759 

Subdistrict, meeting of _ 2^1 

Change of Boundaries, see Boundaries. 

Charts- 
Purchased with contingent fund 2783 

Child, see Scholar. 

City and Town Districts, see Ind. School 
Districts. 

Civil Township- 
Constitutes a school township 2790 

Lines not bar to attaching territory-2791 
Lines not bar to change boundaries.. 2793 

Meetings of Board held in 2757 

Name applied to school township. .2744 
Rural Ind. districts of, united 2800 



150 



SCHOOL LAWS OF IOWA 



C — Continued 



Claims- 
Audited and allowed by Board 2780 

Damages for condemnation of site— 2815 
Expenses of Board of Educational 

Examiners 2634-a 

Expenses of Co. Supt. filed 2742 

Expenses incurred, kept by secretary-2761 

Traveling expenses Co. Supt 2734-b 

Traveling expenses, State Supt 2627 

Clerk of Election- 
Annual meeting, secretary acts 2746 

Annual meeting, secretary records 
vote 2761 

Appointed in each precinct —2756 

Subdistrict meeting, chosen by vot- 



.2751 



College for the Blind- 
How governed.-Ch. 170, P. 138, Sec. 1 

Compensation — 

Board educational examiners 2634-a 

County Superintendent 2742 

Inspector, accredited High School— 2334-d2 

Member of Board receives none 2780 

Officers and employes, educational 

institutions— Ch. 170, P. 138, Sec 4 

Persons keeping supplies for sale 2824 

Referees 2815 

Registrars 2755 

Schoolhouse site condemned 2815 

Secretary and treasurer of Board— .2780 

Supt. of Public Instruction 2627 

Teachers, paid to 2778 

Teacher without certificate, not 

paid 2788 

Trustees County High School 2731 

Witness in appeal 2821 

Compulsory Education- 
Attendance entire school year, when_2823-a 

Children subject to 2823-a 

Enforced, how 2823-f 

School census for 2823-1 

Teachers and officers, duties of 2823-g 

Truant officers, appointment and 
duties . ; 2823-e 

Concurrent Action — 

Board and Co. Supt. attaching 
territory 2791 

Board and Co. Supt. restoring ter- 
ritory 2792 

Board and Co. Supt. where children 
attend 2803 

Boards on terms of attendance 2803 

Boards attaching territory, Ind. 
Dist. 2798 

Boards changing boundary lines 2793 

Boards uniting ind. districts 2799 

Boards restoring territory 2792 

Condemnation — 

School site or public road 2815 



Conductor of Institute, see Teachers' 
Normal Institute. 

Consolidated Independent School Districts- 
Assets and liabilities of, divided 2794-a5 

Board of, shall organize when 2794r-al 

Board shall call election for 2794-a 

Contracts for transportation in 5794-a3 

Contain not less than 16 sections 2794-a 

Dissolution of, election for 2794-a5 

Location of school, submitted to 

voters 2794^a4 

Penalty, violating transportation 

rules 2794-a6 

Petition for, signed by one-third 

electors 2794^a 

Petition for dissolution of 27i:4-a5 

School building for, Board pro- 
vides 2794-a4 

School located in city limits 2794-a4 

Tax for school building in 2794-a4 

Taxes for, limit of 2794-al 

Transportation of scholars in 2794-a2 

Consolidation of Districts- 
Independent districts, may unite 2799 

Rural independent districts unite 280O 

Contingent Fund, see Eunds. 

Contracts — 

Adoption of text-books 2824 

Advertisement to build exceeding 

$300- 2779 

Between Boards regarding attend- 
ance 2803 

Board may for instruction of chil- 
dren 2774 

Board may make when directed 2778 

Director of subdistrict, may make_-2785 
Director of subdistrict, by president 

approves 2785 

Lowest bidder, by, to build 2779 

President must sign 2759 

Teacher's, must be in writing 2778 

Teacher's filed with secretary 2778 

Text-books by Board or Co. Board_-2830 

Transportation of scholars, for 

2774, 2794-a4 

Trustees, County High School, by— 2731 

Convention — 

State Supt. may call, of Co. Supts— 2622 
Expenses, Co. Supt. receives 2742 

Corporate Name — 

School districts, of 2744 

Corporation, see School District. 

Corporations — 

Limits, how changed — 2793-2793-a 

Bequests, may accept 740, P. 117 



SCHOOL LAWS OF IOWA 



151 



Costs- 
Appeal, taxed to party responsible_-2821 

Prosecution of school officer, of 2834 

Referees, assessment paid by dis- 
trict 2815 

Counsel- 
May be employed by Board 2759 

County- 
Action by, against Co. Supt 2741 

Attendance from adjoining, anowed-2S03 
Lines not bar to attaching territory.2791 

Territory set off, restored 2792 

Uniformity of textbooks in 2832 

County Attorney — 

Action, brings at request Co. Supt..2740 
Assists Co. Supt., enforcing laws— 2740 

County Auditor- 
Certifies interest on school funds 2809 

Certifies qualifications of Co. Supt--2803 
Deducts tuition from apportionment-2803 
Estimates, transmits to State Supt..2823-j 

Member Co. Board Education 2831 

Notifies president of apportionment.-SOS 
Pays money to County Trcasurer.-2823-l 
Records changes in subdistrict 

boundaries 2801 

Reports to Auditor of State, sales--2823-l 

School laws, keeps for sale 2823-k 

Secretary of Co. Board of Educa- 
tion 2833 

Semi-annual apportionment, makes.2808 
Statement 6f Co. Supt., filed with.-2742 

County High School — 

Any county may establish 2728 

Abolish, how 2733 

Apportionment of students to 2732 

Board of Supervisors submits ques- 
tion 2728 

Building not to exceed amount 

voted 2730 

Outlay on, submitted to voters 2730 

President of trustees is Co. Supt 2728 

Petition and election to abolish 2733 

Rules and regulations made for 2732 

Students of, may be expeUed 2732 

Students, other counties, admitted-2732 
Secretary and treasurer appointed— 2729 

Tax, not to exceed two mills 2730 

Tax levied and collected 2730 

Tax paid to treasurer of 2730 

Treasurer gives bond 2729 

Trustees appointed by Board Super- 
visors 2728 

Trustees, when and how elected 2729 

Trustees, oath and bond of 2729 

Trustees, terms of office of 2729 

Trustees, make contracts for 2731 

Trustees employ teachers 2731 



Trustees provide payment of sal- 
aries 2731 

Trustees report annually 2731 

Trustees, compensation of 2731 

Trustees select site without expcnse-2730 

Tuition free to county residents 2733 

Vacancies in Board, how filled 2729 

Votes for and against, canvassed— 2728 

County Superintendent — 

Appeal from decisions of 2820 

Appeal, hears testimony 2819 

Appeal, notifies parties of hearing.2819 

Appeal, receives affidavit of 2818 

Appeal, notifies parties of hearing..2819 
Appeal, hears testimony and decides-2819 
Adoption of text-books, consulted 

in 2828 

Annual report from secretary 2765 

Annual report from treasurer 2769 

Assessment, notice of to owner 2815 

Attendance, may concur regarding- .2803 
Authorzies Board to shorten school 

time 2773 

Books, reports list and prices 2833 

Certificates, revokes for cause 2734-u 

Chairman Co. Board of Education.. 2833 

Compulsory school law 2823-f 

County uniformity, receives petition.2831 
Costs of appeal, files transcript of-.2821 
County attorney, may ask assistance 

of 2740 

Compensation, shall receive 2742 

Convention, receives expenses for at- 
tending 2742 

Communications, shall transmit 2734-b 

Deputy may appoint 2734-b 

Dealer in text-books, prohibited 2834 

Enumeration, file with Co. Auditor.2739 

Examination fee, disposal of 2734-p 

Examination, collects fee for 2734-p 

Examinations for certificates 2734-c 

Examinations, special, may request.2734-s 
Examinations for certificates of 

graduation, conducts 2634-d4 

Examination, special, shall conduct-2734-s 
Examinations, shall keep record of..2734-f 
Ineligible as director or Co. Supervi- 
sor 2734-b 

Kindergarten certificate, may grant-2777 

Member Co. Board of Education 2831 

Member trustees Co. High School— .2728 

Normal Institute, shall hold 2738 

Qualifications of 2734-b 

Qualifications of, certified by Co. 

Auditor 2809 

Report annually to State Superin- 
tendent, 2739 

Report to Institutions 2739 

Report, failure to make, forfeit 2741 

Report of district officers, receives.. 2766 
Restoration of territory, concurs in.2792 



152 



SCHOOL LAWS OF IOWA 



C — Continued 



Referees to eondemn site, appoints— 2815 

Reports to Board of Supervisors 273S 

School laws, shall distribute 2624 

Sex, raay be of either 2734-b 

Schools, shall visit, annually 2734-b 

Samples of text-books, custodian of-2830 

Subpoenas, power to issue 2821 

School laws, shall enforce 2740 

Statement traveling expenses, shall 

file . 2734-b 

Statement office expenses, shall file. 2742 

Schoolhouse, approves plans for 2779 

Shade trees, notifies Board regard- 
ing 2787 

School township, notice of meet- 
ing in -2790 

Territory, attaches to another dis- 
trict 2791 

Transcript, notifies secretary to file.2819 



County Treasurer — 

Apportionment due, pays 2808 

Institute fund receives 

2734-p, 2734-q, 2738 

Pays account, debtor to creditor 

corporation, Ch. 146, p. 132, Sec. 4 

Referees deposit amount with 2815 

Subdistrict boundaries, records 

changes 2801 

Tax to Co. High School, pays 2730 

Taxes collected, gives notice of 2810 

Taxes, pays to district treasurer 2810 

Taxes for each subdistrict, separate 2810 

Course of Study — 

Accredited High* Schools in 2634-c 

Approved by State Superintendent— 2776 

Persons taking, reported 2634-e 

Prescribed by Board 2772 



Deaf and Dumb- 
Number of, of school age, reported-2739 
School age, reported by secretary— 2769 

Decision — 

Board, by, appealed from 2818 

Co. Supt., of, final, when 2819 

Important published in School 

Laws 2624 

State Superintendent, by, in ap- 
peal -623 

State Superintendent, final '^820 



Depositories — 

Chosen by Co. Board of Educa 
tion 



2832 



Deputy- 
County Superintendent, of 2734 

State Superintendent, of 2621 

Diploma, see Certificate or Diploma. 

Director— Independent Districts- 
Contracts, may make certain 2785 

Duty, penalty for neglect of 2822 

Holds until successor qualifies 2758 

Number in independent district 2754 

Oath, any member may administer— 2758 

Oath, shall take 2758 

Qualifies, when 2758 

Sex, may be of either 2748 

Surrenders office to successor 2770 

Term of, in independent districts— -2745 

Tie vote for, decided by lot 2754 

Vacancy, filled by appointment 2758 

Director— School Township- 
Authorized to contract for fuel 2785 

Authorized, employ teacher in sub- 
district 2778 

Children, school age, prepares list 

of 2785 

Children school age, reports list 2785 



Compulsory attendance law, must 
enforce 2823-f 

Elected for new subdistrict 2801 

Elected in subdistrict--- 2751 

Industrial exposition, may have 2786 

Number in school township -2752 

Sex, may be of either-— ' 2748 

Subdistrict, chosen for one year 2745 

Subdistrict meeting, gives notice of-2751 

Dismissal^ 

Scholar, of 2782 

Teacher, of 2782 

Distribution — 

School laws, cloth bound 2624 

School laws, paper bound 2624-2823-k 

District, see School District. 
District Court — 

Appeal to from referees, assess- 
ment 2815 

District Treasurer, see Treasurer. 

Division — 

Assets and liabilities of 2802 

Assets and liabilities consolidated 
district 2794-a5 

Election precincts, into 2755 

Independent districts, of 2798 

School township into subdistricts— -2801 
Wards for attendance 2773 

Doors- 
Entrance and exit to open out- 
ward 4994-a9 

p. 136 

Kept unlocked during school hours-- 
Ch. 128, P. 137, Sec. 11 

Dwelling, see Residence. 



SCHOOL LAWS OF IOWA 



153 



Education- 
Constitutional provisions for p. 118 

Distribution of funds, method of-.p. 118 
Fines, how applied p. 118 

School fund and lands, control— -p. 118 

Educational Examiners, see Board Edu- 
cational Examiners. 

Educational Journal — 

State Supt. may subscribe for -624 

Election- 
Board for new district, to choose-.2795 

Boards to act until next, when 280-2 

Consolidated districts, to form 2794-a 

County uniformity, to vote on C831 

Director of subdistrict 2751 

Director in independent district !754 

Dissolution of consolidated inde- 
pendent district 2794-a5 

Districts, in all —2746 

Free text-books, to vote on 2836 

Independent district to subdivide 2798 

Independent districts, to unite 271.9 

Notice of - 2763 

Officers of Board 2757 

Precincts in districts . 2755 

Proposition for consolidated inde- 
pendent district 2794-a 

Qualification of voters of 2747 

Rural independent districts, to unite.£8eo 
Eural independent districts, to form-2797 

School districts to form ind. 2794 

Treasurer, by voters 2754 

Trustees Co. High School 2779 

Vote bonds— 28l2-d, 2820-a to £820-d 

Vote upon establishing Co. High 

School 2738 

Vote upon abolishing Co. High 
School 2733 

Election Precincts- 
Compensation of registrars 2755 

Conduct of elections in 2756 

Districts of 5,000 or more 2755 

Register of voters in 2755 

Registrars in 2755 

Electors, see Voters. 

Elements of Vocal Music — 

Instruction in, authorized 2823-s 

Normal institutes, taught in 2823-t 

Eligibility for Office- 
Co. Sapt. first grade or State cer- 
tificate 2734-b 

Co. Supt of either sex 2734-b 

Co. Supt., ineligible for director 2734-b 

Secretary, teacher ineligible as 2757 

Secretary and treasurer, not mem- 
bers 2757 



Sex, may be of either 2748 

Qualified voter, if a man 2748 

Woman, member Board Educational 
Examiners 2628 

Employe — 

Teacher ineligible as secretary 2757 

English language — 

All instruction given in 2749 

Enumeration — 

Children seven to fourteen 2831-i 

Register of, kept by secretary 2764 

Reported to auditor of state 2625 

Reported to Co. Supt - 2765 

Subdistrict prepared by director 2785 

Examination — 

County certificates 

2734-c to 2734-e, 2734-j to 2734-t 

Co. Supt. conducts in accredited 

High School 2634-d4 

Fee for 2631, 2734-p 

Fee for in accredited High Schools„2634-d4 
Graduation from accredited High 

School £634-d5 

Kindergarten methods, upon 2777 

Record of 2734-f 

State certificate or diploma 2629 

Examiners, see Board Educational Ex- 
aminers. 

Exemptions- 
Classes of property not to be 

taxed Sec. 1304, p. 136 

Property of school district.— 

See. 1304, p. 136 

School bonds Sec. 1304, p. 136 

Expenses — 

Account of, kept by secretary 2761 

Assistant in conducting examina- 
tion 2634-a 

Condemnation of school site. 2815 

Contingent average proportion of-2803 

Costs of appeal, as 2821 

Counsel in suits 2759 

County Superintendent 2734-b, 2742 

Estimate of, pubhshed in detail 2781 

Member Board of Educational Ex- 
aminers, necessary 2634-a 

Readers of papers and clerks 2734-n 

State Superintendent, traveling 2627 

Statement of, made by treasurer 2769 

Statement of, at annual meeting.. .2780 
Statement of, independent districts, 

published 2781 

Tuition for scholar's attendance 2803 

Exposition, see Industrial Exposition. 



154 



SCHOOL LAWS OF IOWA 



E — Continued 



Expulsion of Scholar- 



Joining secret fraternities in school 
eh. 185, p. 131, see. 3 



Majority vote of Board. 



.2782 



Readmission 2782 

Teachers may not 2782 



Extending Corporations- 
Effects of 



-2793-a 



Families — 

Heads of, list prepared 2785 

Fee — 

Certificate, application for 2734-p 

Contingent, at Normal School 2676 

Examination in accredited High 

School 2634-d4 

Life validation for 2734-hl 

Institute registration for 2734-hl 

Paid into state treasury 2631 

Refusal to pay tuition, how col- 

ected ch. 146, p. 132, see. 4 

State certificate 2631 

State diploma 2631 

Transmitted to county treasurer 

2738-2734-p 

Transportation of children 2774 

Tuition in High School 

ch. 146, p. 132, sec. 3 

Tuition at Normal School .676 

Tuition, attendance in another 

district 2774 

Tuition for attendance 2803 

Witness, on appeal 2821 

Feeble Minded- 
Reported by County Superinten- 
dent 2739 

Reported to Co. Supt 2765 

Fences — 

Barbed wire not used for 2817 

Fields, where sites adjoin 2745-a, 2745-b 

Provided for school-house sites 2773 

Fidelity Companies, see Surety Com- 
panies. 

Finance Committee — 

Appointed by State Board Educa- 
tion ch. 170, p. 139, sec. 6 

Chairman and secretary of, desig- 
nated ch. 170, p. 139, sec. 6 

Office at educational institutions.. 
ch. 170, p. 139, sec. 9 

Term of office of member of 

ch. 170, p. 139, sec. 6 

Financial Statement — 

Board to voters, regular meeting— .2780 
Pubhshed in independent districts— 2781 
Treasurer makes to Board 2769 

Fines, see Penalty. 

Fire Drill- 
Neglect to hold, penalty for. 



Fires- 
Bulletin upon, by state fire mar- 

sJial ch. Ii8, p. 137, sec. 11 

Instruction as to causes of, re- 
quired ch. 128, p. 137, sec. n 

Instruction in, penalty for failure 
ch. 128, p. 137, sec. 11 

Forfeit- 
Barbed wire, violation of statute— .2817 
Bond, breach of by secretary or 

treasurer 2760 

Compensation of teacher without 

certificate 2788 

Co. Supt., failure to report 2741 

Duty, failure officer to perform 2822 

Text-books, refusal to furnish 2827 

Formation of Independent District — 

Consolidated district 2794-a 

Including city, town or village -.2794 

Subdistricts, of school township, 

from 2797 

Subdividing independent districts, 

by 2798 

Uniting independent districts, by 2799 

Forms, see Index to Forms p. 194 



Fuel- 



Contingent fund, bought with 2768 

Subdistrict director may contract 
for 2785 



Funds — 



-Ch. 128, p. 137, sec. 

Teacher shall hold once a month 

eh. 128, p. 136, sec. 



Apparatus bought with contin- 
gent 2783 

Board estimates teacher's and con- 
tingent 2806 

Contingent not to exceed $7 a 

scholar 2806 

Contingent, $75 for each school 2806 

Definition of 2768 

Insurance paid with contingent 2783 

Order must specify 2768 

Permanent, interest on, appor- 
tioned 2808 

Secretary keeps separate account 2761 

Secretary certifies amount for 2767 

Secretary certifies tax for 2767 

Teacher's, $270 for each school 2806 

Teacher's, not to exceed $20 2806 

Text-books, free, provided from con- 
tingent 2783 

Transportation, not to exceed $5— .2806 
Treasurers' annual report, must 
show separate 2769 



SCHOOL LAWS OF IOWA 



155 



Garden — 

Site, may not be condemned for 2814 

Governor — 

Appoints two members Board Edu- 
cational Examiners 2G28 

Records of State Superintendent, 
open to 2621 

Reports to, made by State Super- 
intendent _ - 2625 

Graded or Union Scliools — 

Established by any Board 2776 

State Supt. approves course of 
study -- 2776 



High School- 
Certificate of admission to, 

signed ch. 146, p. 132, sec 

Certificate of admission to, con 

tains what ch. 146, p. 132, sec 

Pupils outside home district, at 

tend ch. 146, p. 132, sec 



Tuition in ch. 146, p. 132, sec. 

Tuition fee in, how paid 

ch. 146, p. 132, sec. 



Tuition fee in, refusal to pay 

ch. 146, p. 132, sec. 



Graduation — 

Certificate of, from accredited High 
Kchool 2634-d5 

Certificate of, exchanged for County 
Certificate 2634-d5 



Guardian — 

Name of, registered by secretary 2764 

Taxes paid by, deducted from tu- 
ition . 2804 

Ward of, must attend school 2823- 

Ward of, not required to read 
Bible 2805 



H 



Highways- 
Board authorized to obtain 2749 

Site for condemnation must be on... 2814 

Tax for opening, voted 2749 

Tax to procure, voted 2750 

Holidays- 
Enumerated 2773 

notes 

Teacher cannot claim 2782 

notes 

Secretary, teacher not eligible 2757 

Subdivision of 2703 

Treasurer, when elected by voters.._2754 
Uniting of ! 2799 



Improvements — 

Appropriations for, by St. Board of 
Education.,..-Ch. 170, p. 140, sec. 19 

Tax to pay for, levied 2813 

Value of, repaid upon reversion 2816 

Incumbent — 

Director is, until successor qual- 
ifies 2758 

Treasurer, term of expires 2754-2757 

Treasurer, until successor qualifies--27o4 

Indebtedness- 
Bonds issued to pay judgment 2812-b 

Books, Board should not contract--2825 

Division assets and liabilities 2802 

Judgment, shall be paid 2811 

Limit of 1306-b, p. 130 2830-a 

Original voters must authorize 2823 

Tax to pay bonds or interest 2813 

Independent School District — 

Adopt books used in county uni- 
formity 2835 

Board of 2745 

Board of, publishes financial state- 
ment 2781 

Bonds or interest, tax to pay 2813 

Bonds, borrow money by issuing 2812-c 

Boundaries, change of 2793 



Corporate name ..j 2744 

County uniformity, city not under.2835 

Directors in, number of 2754 

Formation of 2794-2794-a 

Higher schools in 2776 

Kindergarten, Board may establish.2777 
Organization of 2795 



Index to forms. 



171 



Indorsement — 

Unpaid orders by treasurer 2768 

Industrial Exposition- 
Board may provide in each Frhool_.2786 
Consists of what 2786 

Demonstrate articles exhibited at C7S6 

Held once a month, may be 27SC 

Ornamental work encouraged 2786 

Parents and friends invited to 2V83 

Subdistrict director may provide 27^6 

Inspection- 
Appropriation for, and supervision 2634-d2 

Inspector — 

Salary of 2634-d2 

Institute Fund, see Teachers Normal In- 
stitute. 

Institute, see Teachers Normal Institute. 



156 



SCHOOL LAWS OF IOWA 



I — Continued 



Insurance — 

Contingent fund used to pay 2783 

Interest — 

Bonds, may not exceed 5 per cent.. 2812-e 

J - 

Joint Districts — 

Natural obstacles, on account of.. .2791 
Restoration of portion of 2792 

Judges of Election- 
Annual meeting, at, who are 2746 

Appointed by voters, when 2746 

Boards act as, when 2756 

Organization of independent district 2794 
Organization of consolidated dis- 
trict 2794-a 

Tie vote determined by 2754 

Votes canvassed by 2751 

Judgment — 

Board certifies amount to pay 2811 

Bonds issued to pay 2812-c 

Costs of trial entered by clerk of 

court, for 2821 

Money, not given by county or State 

Supt. 2820 

Paid from proper fund 2811 

Tax to pay, voted by voters 2811 

Jurisdiction — 

Exclusive, by district, over terri- 
tory 2743 

Powers of, apply to all districts 2823 

Kindergarten — 

Certificate, teacher in must hold 2777 

Established in any independent dis- 
trict 2777 

Land — 

Condemnation of for site 2814 



Majority Vote — 

Adoption of county uniformity 2832 

Authorizing displacement of text- 
books ^"...2832 

Authorizing free text-Dooks 2837 

Board, majority a quorum 2771 

Director subdistrict, noi required 

for 2751 

Dissolution of consolidated inde- 
pendent district 2794-a5 

Formation of consolidated inde- 
pendent district 2794-a 

Organization of consolidated dis- 
tricts 2794-a, 2820-f 

Removal of members of finance com- 
mittee ch. 170, p. 139, sec. 6 



Bonds, provision made, for. _..2767 

Not paid on reversion of site 2816 

Permanent school fund, of 2808 

Tax levied to pay, on bonds 2813 

Unpaid orders,' 6 per cent on 2768 

K - L 

Language— »> 
English, schools, must be taught in_2749 
Foreign as branch taught, deter- 
mined 2749 

Special certificate for 2736 

Levy of Taxes, see Taxes. 

Liabilities, see Assets and Liabilities. 

Libraries — 

Books for, how purchased 2823-0 

Funds for, how set apart 2823-n 

Librarian for, how selected 2823-r 

Lists of books for, prepared 2823-p 

Records of, how kept 2823-q 

Books, contingent fund used for 2783 

Number volumes in, reported ^.2765 

Tax voted at annual meeting 2749 

Limit — 

Bonds, to run ten years only 2812-e 

Contingent fund not exceed $1.50 2825 

County school tax, of 2807 

Fifteen mills at subdistrict meet- 
ing 2758 

Indebtedness, of, 1306-b, page 130_-2820-a 
Judgment, available funds only, to 

pay 2811 

School room, $25 annually for each.2783 

Site for schoolhouse, one acre 2814 

Tax, pay bonds or money bor- 
rowed 2813 

Taxes, of 2806 

Ten mills at annual meeting 2749 

M 

Required to orgianize independent 

districts 2794 

Rural independent districts changed 
to subdistricts 280O 

Scholar, required to expel 2782 

Subdistricts changed to rural inde- 
pendent districts 2797 

Subdistrict boundaries, changing 2801 

Subdivision, less than two sections-27£8 
Teacher, Board required to dis- 
charge 2782 

Uniting independent districts 2799 

Two-thirds vote to mcrease in- 
debtedness 2820-d 

Maps — 

Purchased with contingent fund 2783 



SCHOOL LAWS OF IOWA 



157 



Meeting ol Directors- 
Held, where . 2757 

Officers, to elect 2757 

Kegular, when held 2757 

School taxes, to estimate 2806 

Special, how called 2757 

Member of Board, see Board of Direc- 
tors. 

Misdemeanor- 
Barbed wire, violation of statute 
on 2817 



Name — 

School district, of —2744 

Narcotics, see Alcoholic DrmRs. 

Neglect of Duty- 
Action on bond of publisher for 2837 

Board makes regulations concerning 2772 
Bond of secretary or treasurer, 

breach of 2760 

Penalty for 2822 

Penalty for, regarding barbed wire-2817 
School officer, regarding text-books-2834 
Teacher, may be discharged for 2782 

Newspaper- 
Annual meeting, notice of publish ed-2755 
Advertisement in, for bids to build-2799 
Financial statement, published in.— 2781 
Text-books, notice of purchase, pub- 
lished 2828 

Non-residents — 

Atrtendance of, contracted by Board. 2774 
Attendance by agreement of Boards-2S03 
Attendance, Co. Supt. and Board 

concur 2803 

Attendance, Board determines term 

of 2804 

Nonuser of Site- 
Reverts to owner in two years 2816 

Normal Institute, see Teachers' Normal 
Institute. 

Normal School, see State Teachers Col- 
lege. 

Normal Training in High Schools, see 
Accredited High School. 

Notice — 

Appeal from assessment 2815 

Appeal, of hearing of 2819 

Appeal to State Superintendent 2820 

Apportionment due, to president 1808 

Board of directors, to elect 2795 

Board, special meeting of 2757 

Bonds, meeting to vote 2812-d 

Bonds to owner 2812-1 



Bond of secretary or treasurer, 

breach 2760 

Co. Supt., failure to make report... 2741 

Duty, willful failure to perform 2822 

School officer, dealer in text-books„2834 

Money, see Funds. 

Music- 
Elements of vocal, required 2823-s 

Normal Institute, must be t aught... 2823-t 

N - O 

Bonds, meeting to rote excess per 

cent .2820-c 

Consolidated district, formation of.2794-a 

Counjky uniformity, election on 2831 

Eleetion precinct in each 2755 

Election to organize consolidated dis- 
trict 2794-a 

Election to dissolve cousDlidated dis- 
trict 2794-a5 

Free text-books, voting upon 2836 

Independent district, for formation 
of 2794 

Independent district, vote to change 

to 2797 

Independent district, subdivision of-2798 

Independent districts, uniting 2799 

New school township, first meeting.2790 
Receipts and disbursements of inde- 
pendent districts 2781 

Rural independent districts, uniting.2800 

Secretary to file transcript 2819 

Site condemned, to owner of 2815 

Special meeting, by secretary 2763 

Subdistrict meeting, special 2753 

Subdistrict meeting ._ 2751 

Taxes due, to president 2810 

Text-books, to accept bids for 2828 

Teacher, to, before trial 2782 

Voters, special meetings of 2763 

Oath- 
Consists of what 2758 

Member of Board may administer...275S 

Referees to condemn site 2815 

Secretary and treasurer of 2760 

Office, see Qualification for Office. 

Official bonds, see Bonds. 
Opinions- 
State Superintendent, shall render.. 2623 

Orchard — 

Cannot condemn for site 2814 

Orders — 

Drawn when claim audite'd 2780 

Fund drawn on, must state 2768 

Interest on, after Indorsement 2768 

Judgment, to pay 2811 

Part payment of, made.. 2768 



158 



SCHOOL LAWS OF IOWA 



N - O— 
Orders— Continued 

Secretary shall draw 2762 

Secretary countersign and register..2762 

Treasurer shall register 2768 

Treasurer shall pay 2768 

Organization — 

Annual meeting 2746 

Board of directors 2757 

Consolidated Independent District 

completed, when 2794-a 

County Board of Education , 2833 

Independent district, how 2795 

Independent district, when 2796 

Independent districts, from sub-dis- 
tricts 2797 

Independent districts, by uniting 
others 2799 

P 

Parent — 

Bible, child not read against wishes-2805 

Heads of families, list of 2785 

Must have child attend school 282S-a 

Names of, registered by secretary---2764 
School taxes paid by, deducted 2804 

Park- 
Site, may not be condemned for 2814 

Penalty- 
Applied to use of schools 2822 

Bond, secretary and treasurer. 

Board fixes 27C0 

Compulsory law, failure to enforce--2823-f 

Co. Supt., failure to report 2741 

Failure to perform duty 2822 

Failure to send child to school 2823-a 

Violation of transportation rules 2794-a6 

Violation of provisions of advertise- 
ment law 5028-t 

p. 130 

Pending Litigation — 

Limit of indebtedness shall not 
affect 2820-dl 

Petition- 
Consolidated independent district, 

organization of 2794-a 

Consolidated independent district, 

dissolution of 2794-a5 

County High School to establish 2728 

County High School, to abolish 2733 

County uniformity of text-books 2831 

Formation of independent districts-2794 
Formation of consolidated districts-2794-a 
Formation rural independent dis- 
tricts, from s-ubdistriets 2797 

Indebtedness, increasing limit of 2S20-b 

Rural independent districts changed 
to subdistrict 2800 

Uniting independent districts 2799 



Continued 

New subdistrict 2801 

New school township 2790 

Rural independent districts from sub- 
districts 2797 

School Board in consolidated inde- 
pendent district 2794-a 

School township from rural indepen- 
dent districts 2800 

Secret Fraternities in schools prohib- 
ited ch. 185, p. 131, sec. 1 

State Board of Education of 

ch. 170, p. 138, sec. 4 

Subdistrict meeting 2751 

Owner — 

Land taken by condemnation 2815 

Site not within SO rods of 2814 

Site, secures upon reversion 2816 

■ Q 

Physiology and Hygiene — 

Completed before scholar advances-2775 
Co. Supt. reports how law observed 2739 

Co. Supt. should enforce law 2740 

Normal school, must teach in 2677 

Studied by every scholar, must be-.,2775 
Taught in all schools, must be 2775 

Place — 

Annual meeting given in notice 2751 

Appeal, persons notified where heard.2819 
Board Educational Examiners, 

meets where 2629 

County High School, petition names 2728 
County High School site in petition-2730 

Examinations at county seat 2734-c 

Meeting of Board, in civil township-2757 

Notice, posted where 2763, 2763-c 

Notice states place of meeting-2763-2763-e 

Secretary posts notices in five 2763 

Special meeting of Board in notice_.2757 
Subdistrict meeting of Board, in 

notice 2751 

Teacher's normal institute, deter- 
mined 2622 

Plat- 
Copy of, delivered to county treas- 
urer and auditor 2801 

Description of, in records 2801 

Recorded, shall be 2801 

Subdistricts of, made by secretary.2801 

Poisons, see Alcoholic Drinks. 

Poll Book- 
Precinct, provided in each 2756 

Record, secretary shall keep full 2761 

Poll- 
Election precincts, open 9 a. m. to 

7 p. m 2756 

Districts under 5,000 opens at 1 p. 

m. .2754 



SCHOOL LAWS OP IOWA 



159 



Independent districts under 5,000 
open 5 hours 2754 

Rural independent districts, open 2 
hours 2754 

School townships, open 2 hours 2754 

Subdistrlcts, open at least 2 hours— 2754 

Postage — 

County Superintendent, for use of--2742 
Party aggrieved, pays on appeal 2820 

Posting of Notices, sec Notices. 

Precincts, see Election Precincts. 

President — 

Apportionment, receives notice of.— ^808 

Bonds, signs district 2812-e 

Bonds, brings action for breach 2760 

Bonds of secretary and treasurer, 

filed with 2760 

Compulsory attendance law must en- 
force 2823-f 

Contract made by subdirector, ap- 
proves 2785 

Contract with teacher, signs 2778 

Contracts, all signed by 2759 

County treasurer, draws draft on. ..2810 
Drafts on County Treasurer, signs 

aU 2759 

Duties of 2759 

Educational institutions, for 

ch. 170, p. 138, sec. 4 

Elected from Board by ballot 2757 

Judge of election, acts as 2746 

Meetings of Board, presides at 2759 

Oath, any member may administer--2758 

Special meeting of Board, calls 2757 

State Board of Education, of 

ch. 170, p. 138, sec. i 

Suits, appears for district in 2759 

Temporary, appointed 2772 

Tuition certifies account for 2803 

Vacancy, filled by appointment 2758 



Rate of Taxation, see Taxes. 

Receipts and Expenditures- 
Normal institute fund, published— .2738 
Statement of, to annual meeting..2780 
Statement published two weeks 2781 

Record- 
Books purchased for school libraries 2823-q 
Board Educational Examiners, by— 2633 

Bonds sold, of persons to whom 2S12-f 

Costs of appeal filed 2821 

County Board of Education, pro- 
ceedings 2833 

Daily, kept by teacher 2789 

Election in precincts 2755 

Enumeration by director of subdis- 

trict 2785 

Examination of teachers 2736 

Persons of school age 2764 



Property — 

Care of, rules for, by Board 2772 

Disposed of at annual meeting 2749 

Disposed of at special meeting, 
when 2750 

District, levy on, to pay 3udgment.2811 

Insured, may be. 2783 

Schoolhouse, fenced by Board 2773 

Subdistrict, levy on.... 2810 

Tax, not exceed 5 mills, pay bonds.2813 
Value of, reported by secretary 2765 

Proposal to Build- 
Exceeding $300, must advertise 2779 

Publication, see Newspaper. 

Pupil, see Scholar. 

Qualification for Office — 

County High School, secretary and 

treasurer 2729 

County High School, trustees of 2729 

Deputy State Superintendent, of 2621 

Directors 2758 

Directors of new independent dis- 
trict 2795 

Member or officer, appointed 2771 

Members State Board of Education — 

ch. 170, p. 139, sec. 7 

President of Board ...2758 

Time for, for secretary and treas- 
urer - 2760 

Qualification of Sureties, see Sureties. 

Questions to be voted on, see Proposi- 
tions Submitted. 

Quorum — 

Majority of Board constitute 2771 

Report of referees 2815 

Receipts and expenditures, by treas- 
urer 2768 

Subdistrict boundaries, changed 

how 2801 

Subdistrict boundaries, changes 2801 

Secretary keeps complete 2761 

State Superintendent, by 2621 

Territory attached, made on plat 2791 

Transcript of an appeal 2819 

Trustees County High School 2729 

Vote for officers of Board 2757 

Votes at annual meeting 2761 

Referees — 

Assess damages on condemnation. ..2815 

Assessment, cost paid by district 2815 

Appeal from assessment, made £815 

Oath of 2815 



160 



SCHOOL LAWS OF IOWA 



R— Continued 



Report in writing 2815 

Eeport filed witli County Superin- 
tendent 2815 

Register- 
Bonds with County Auditor 2812-e 

Bonds, persons to whom sold 2812-1 

Persons of school age 2764 

Teacher must keep 2789 

Teacher flies with secretary 2789 

Voters in election precincts 2755 

Registrars- 
Appointed in election precincts 2755 

Qualification, duties and compensa- 
tion 2755 

Registration of certificates ^^._.2734-q 

Registration of Voters, see Register. 

Renewal- 
Average standing required lor 2734-hl 

Fee lor 2734-hl, 2734-i 

First grade certificate, of 2734-g 

For life 2734-h 

Professional study required.2734-g to 2734-i 

Second grade certificate, lor 2734-h 

Successful experience, proof of, lor. 

2734-g to 2734-i 

■ Term ol 2734-g to 2734-1 

Thirty-six weeks' successlul teach- 
ing _■ 1,2734-g 

Third grade, one renewal 2734-i 

Reports- 
Board Educational Examiners 2633 

County Superintendent from, pre- 
served 2621 

County Superintendent, annually 2739 

County Superintendent, Blind, deaf 

and dumb, etc 2739 

County Superintendent, to be pub- 
lished 2738 

Director ol subdistricts, to secretary 2785 
Executive oilicers of educational in- 
stitutions, ch. 170, p. 140, see. 19 

Interest on permanent school fund— 2809 

Ofllcers, name and postoffice 2766 

Sale ol school laws by County Audi- 
tor 2823-1 

Secretary to make, annually 2765 

State Board of Educational institu- 
tions ch. 170, p. 140, sec. 19 

State Superintendent to State Audi- 
tor 2625 

State Superintendent 2625 

Trustees, County High School 2731 

Treasurer makes annually 2769 

Truants, concerning, by officers 2823-g 

Residence- 
Board, officer or member of 2748 



Scholars from another district, at- 
tend 2803 

Scholars, not in district, admitted... 2804 

School privileges, entitled to 2773 

Schoolhouse 30 rods from owners 2814 

Students in County High School 2732 

Students in Normal School 2676 

Voter at school meeting 2747 

Reversion — 

Schoolhouse site to owner 2816 



Revocation — 
Certificate ol. 



.2731, 2734-u 



Right to Vote, see Voters. 
Roads, see Highways. 

Room — 

Contingent lund, $25 annually lor 
each 2783 

Examination, provided for 2734-c 

Kindergarten established, indepen- 
dent districts 2777 

Rented for 10 or more children 2774 

Tuition, based on, which child at- 
tends 2803 

Rules and Regulations- 
Board aids teacher to enforce 2782 

Board makes concerning secret fra- 
ternities, ch. 185, p. 131, sec. 2 

Board ol directors shall make 2772 

County board ol education 2832 

County High School, principal 

makes 2732 

Director ol subdistricts, govern- 
ment 2785 

Free text-books, to govern use of 2837 

Officers and others, lor 2772 

Sale of books and supplies 2824 

Scholar expelled for violation of 2782 

Schoolhouse and other property, 

care 2772 

State Board ol Education makes.. 

ch. 170, p. 138, see. 4 

Transportation rules, violation oI.-2794-a6 

Rural Independent Districts- 
Annual meeting 2746 

Boundaries, change in same town- 
ship 2793 

Corporate name 2744 

Changed to school township 2800 

Directors, member of 2754 

Formation of 2793 

Polls open at 1 p. m 2754 

Subdivision of 2798 

Teacher, ineligible as secretary 2757 

Uniting ol 2799 



SCHOOL LAWS OF IOWA 



161 



Salaries, see Coiupensation. 

Sale of Property- 
Directed by voters, regular meeting-2749 
Directed by voters, special meeting— 2750 

Scholar- 
Apportionment based on number 2808 

Attend in another district, may 2803 

Board determines school shall at- 
tend - 2773 

Books, responsible for damage tO— 2837 

Books, may purchase at cost 2837 

Books loaned to— -2783 

Dismiss, teacher may 2782 

Enumerated by subdirector ..2785 

Explain articles at industrial expo- 
sition 2786 

Expel, Board may 2782 

Government of, Board makes rules.2772 
Instruction provided in another dis- 
trict - 2774 

Indigent, supplied with books —2783 

Number enrolled with average at- 
tendance 2765 

Readmitted, may be 2782 

Register of all of school age 2764 

Report of deaf and dumb, blind, 
etc. 2765 

Register of, kept by teacher 2789 

School age of 2804 

Schoolhouse located for convenience 
of 2773 

Secret fraternity, shall not be 

member ch.l85, p. 131, see. 1 

Stimulants, instruction in effect 2775 

Ten or more, school provided for.. .2774 
Transportation of. Board may pay. 2774 
Text-books loaned to 2837 

School- 
Age for attendance. 2804 

Attendance in another district se- 
cured -2774 

Attendance in another district 2803 

Attendance of non-residents 2804 

Begins, secretary notifies County 

Superintendent 2765 

Board determines, each child at- 
tends — -2773 

Board excused from maintaining 2773 

Bible not excluded from... 2805 

Census of persons 7 to 14 included.. -2823-i 
County Superintendent must visit...2734-b 

Course of study, Board prescribes 2772 

Continues at least 24 weeks, annu- 
ally .2773 

County tax for 2807 

County uniformity, what districts, 

exempt - -2835 

Corporations may accept bequests. - 

740 

p. 130 



Effects of stimulants, taught in 2775 

Free tuition to all residents 2773 

Free text-books for -2837 

Fund and lands, how controlled 

p. 137, sec. 1 

Graded or union, established 2776 

Library books, etc., for each-- 2783 

Libraries, selected and managed 

1823-n, 2823-t 

Number of. Board determines 2773 

Period held, determined by Board— 2773 
Private, eligible as accredited 

High School 2634-d 

Room rented for 10 or more chil- 
dren 2774 

Scholar expelled from 2782 

Semi-annual apportionment 2808 

Secretary reports to County Super- 
intendent for each 2763 

Session, none in, during institute..2773 

Supervision of, person selected 2776 

Subdirector cares for 2785 

Taxes for support of 2806 

Teacher, keeps register of 2789 

Teacher of, must hold valid certi- 
ficate ..2788 

Transportation, Board may pay...2774 
Visiting, Board provides for 2782 

School Board, see Board of Directors. 
School Bonds, see Bonds. 
School Books, see Text-Books. 
School Directors, see Board of Directors. 

School District — 

Annual meeting of -: 2746 

Arbitrators may be appointed 2802 

Assets and liabilities divided 2802 

Attendance from another district— 2803 
Apportionment to, by County Audi- 
tor 2808 

Barbed wire, may not use 2817 

Board, quorum of 2771 

Bonds of, not to be taxed— 1304, p. 130 
Boundaries changed, Boards con- 
tinue 2802 

Corporate powers of each 2743 

Claims against, audited by Board..2780 

Directors, meeting of 2757 

Directors, qualification of... —2758 

Division of -2773 

Elections of officers in --2757 

Higher schools, may maintain 2776 

Judgment, paid by ■ —2811 

Law, provisions apply alike to all-2723 

Name of .— 2744 

Officer of, qualifications of -2748 

President, duties of 2759 

Property of, not to be taxed 
1304, p. 136 



162 



SCHOOL LAWS OF IOWA 



S — Continned 



Secretary and treasurer, compensa- 
tion --2780 

Site for 2773 

Secretary, duties of 2761-2767 

Site, may take by condemnation 2814 

Suit brought in name of 2759 

Tax to pay bonds or interest due--2813 

Taxes paid to 2810 

Taxes for, levy of 2807 

Taxes for school purposes, esti- 
mated 2806 

Territory restored 2792 

Territory attached, may have 2791 

Treasurer, duties of ...2768-2769 

Vacancies in office, how filled 2758 

Voters in, special meeting of 2750 

Voters in, powers of 2749 

Vote in, right to 2747 

School Elections, see Election. 

Schools for Teachers' Training, see 
Accredited High Schools. 

School Grounds, see Site. 

Schoolhouse^ 

Advertisement, Board must build 

by 2779 

Barbed wire, may not be used 2817 

Board shall provide in consolidated 

districts 2794-a4 

Care of by Board 2772 

Doors of class-rooms open outward. 

4994-a9, P. 136 

Entrance and exit doors open out- 
ward 4994-a9, P. 136 

Fenced by Board 2773-2745-a 

Geographical position considered 

2773-2794-a4 

Insured, may be 2783 

Levying tax for, submitted to 

voters 2794-a4 

Located in city limits of consolid- 
ated district, when 2794-a4 

Location of when site condemned- -2814 
Notice of meetings posted on door-2763 
Plans for, approved by County Sup- 
erintendent 2779 

Sale of, voters may direct 2749 

Site fixed by Board 2773 

Subdistrict, director to look after--2785 
Tax to build, subdistrict may vote--2753 

Tax to build, special meeting 2750 

Tax to build, voters may vote 2749 

Use of, voters may direct 2749 

Waterclosets for, provided 2784 

Schoolhouse Fund, see Funds. 

Schoolhouse Site- 
Barbed wire, may not be used for--2817 

Block, may include in city 2814 

Fenced by Board 2773-2745-a 



Fencing of 2745-a-2745-b 

Fixed by Board 2773 

Highway, must be on public 2814-2815 

Reversion of to owner 2816 

Shade trees on 2787 

School Laws — 

Amendments to, published 2624 

Amendments to, distributed 2624 

Clothbound, how distributed ...2624 

Delivered to successor 2624 

Paper bound, how distributed 2624 

Publication of 2624 

Sale of by County Auditor..2823-j-2823-m 
Successor, volume delivered to 2770 

School Month- 
Four weeks of five days each 2778 

School Oflieer, see Officer. 

School Orders, see Orders. 

School Taxes, see Taxes. 

School Teachers, see Teachers. 

School Township- 
Annual meeting 2746 

Board of 2745 

Corporate name 2744 

Directors, number of 2752 

Formed from rural independent dis- 
tricts 2800 

Newly formed 2790 

Polls open at 1 P. M -2754 

School house tax, apportionment of-2806 
Subdistricts, duties of director in-_2785 
Subdistricts, divided into 2801 

School Warrants, see Orders. 

School Week- 
Five school days 2773 

Teacher, compensation of agreed 
to 2778 

School Tear, see Tear. 

Secretary- 
Annual election, acts as judge 2746 

Appeal files transcript of record 2819 

Bond, gives 2760 

Bonds, countersigns 2812-e 

Board trustees County High School 

of 2729 

Compensation fixed by Board 2780 

Chosen outside of Board 2757 

Enumeration of subdistrict, records-2785 

Elected by ballot 2757 

Expenses, keeps accurate account 

of 2761 

Expenses, account of, audited 2761 

Files copies of reports 2761 



SCHOOL LAWS OF IOWA 



163 



Fund, separate account with each.-2TCl 

Meetings, gives notice of all 2763 

Notice of election, gives. 2S00 

Officers, reports name and post- 
office of 276G 

Oath, takes 2700 

Orders, keeps register of 2702 

Orders, draws 2762 

Qualifies within ten days 2760 

Eecords, keeps complete 2761 

Records, votes 2757 

Report, flies annually with County 

Superintendent 2765 

School age, registers persons of 2764 

School, reports each to county 

Superintendent 2765 

Special schoolhouse tax, certifies 2753 

State Board of Education 

Ch. 170, P. isa. Sec. 6 

Suits, appears when president is 

party 2759 

Subdistrifit meeting, gives notice of-275l 
Subdistrict meeting, selected by vot- 
ers 2751 

Subdistricts, delivers copy of descrip- 
tion 2801 

Teacher or employee not eligible as 2757 

Teacher, flies contract of 2778 

Temporary, appointed 2772 

Taxes, certifies 2767 

Vacancy in office of, filled by 

Board 2771 

Vote at annual meeting, records 270i 

Warrants and drafts, countersigns-2762 

Secret Fraternities — 

Board makes rules concerning 

Ch. 185, P. 131, Sec. 2 

Penalty for soliciting to join 

Ch. 185, P. 131, Sec. i 

Pupils not to join or organize 

Ch. 185, P. 131, Sec. 1 

Scholars suspended for violating 

rules Ch. 185. P. 131, Sec. 3 

Senii-Aunual Apportionment — 

Library fund, amount withheld for-2823-n 

Made by County Auditor 2808 

Number persons, filed witn County 

Auditor 2739 

Number persons reported to State 

Auditor 2625 

Teaches' fund, considered in estimat- 
ing '.SOC 

Sex, see Women. 

Shade Trees, see Trees. 

Sites, see Schoolhouse Site. 

Special Meeting — 

Board of -2757 

Board, by written request of major- 
ity 2757 

Bonds, to vote 2812-d-2S20-c 



Called by president, may be 2757 

Consolidated district, to form 2791-a 

Independent district, to form 2794 

Independent district, to subdivide.. 2798 

Independent district, to unite 2799 

New township, to organize 2790 

Notice of . 2757 

Notice for, form of 2763 

Property, to sell or vote tax 2750 

Rural independent district, to orga- 
nize 2797 

Rural independent district, unite 

into school township 2800 

School taxes, to estimate 2806 

State Board of Education, how 

called Ch. 170, P. 138, Sec. 3 

Subdistrict boundaries, to change..2S01 
Subdistrict, of '2753 

State Aid- 
Accredited High Schools, $500 an- 
nually ■....2634-dl 

Amount of, requested by State Sup- 
erintendent 2C34-dl 

Minimum class of 10, to secure J634-dl 

Report for, filed with State Super- 
intendent - 2634-dl 

Total to each county, $800... ..2634-dl 

Warrant for, drawn on State Treas- 
ury ,2634-dl 

State .Auditor, see Auditor of State. 

State Board of Education- 
Board of Trustees and Regents, 

abolished Ch. 170, P. 139, Sec. 5 

Consists of nine members 

Ch. 170, P. 138, Sec. 1 

Elect officers for certain state insti- 
tutions Ch. 170, P. 138, Sec. 4 

Finance committee, shall appoint.. 

Ch. 170, P. 139, Sec. 6 

Governs certain state institutions.. 

Ch. 170, P. 138, Sec. 1 

Meets four times a year 

. Ch. 170, P. 138, Sec. 3 

Office for, at each educational insti- 
tution Ch. 170, P. 139, Sec. 9 

Organization of, within ten days.. 

Ch. 170, P. 139, Sec. 4 

Powers and duties of 

Ch. 170, P. 138, Sec. 4 

Qualification of members of 

Ch. 170, P. 139, Sec. 7 

Report to Governor and legislature 

Ch. 170, P. 140, Sec. 19 

Report of, shall contain what 

Ch. 170, P. 140, Sec. 19 

Rules and regulations, shall make.. 

Ch. 170, P. 138, Sec. i 

Secretary of, duties of 

Ch. 170, P. 139, Sec. 6 

Special meetings of, on request 

Ch. 170, P. 138, Sec. 3 

Slate Certificate, see Certificate and 
Diploma. 



164 



SCHOOL LAWS OF IOWA 



S— Continued 



State College of Agriculture and 
Mechanic Arts- 
Act of Congress relating to Page 140 

Course of study 2647 

Governed, how.Ch. 170, P. 139, Sec. 1 

Grant of land for Page 140 

Grant, acceptance of by state 2645 

Intoxicating liquors, sale prohibited-2673 

President, duties of 2651 

Secretary, duties of 2652 

Tuition and rules of admission 2649 

Statement- 
Expense of County Superintendent.2742 
Published in independent district— 2781 
Eeceipts and expenditures at annual 

meeting 2780 

Treasurer, rendered by to Board 2769 

Tuition in High School of, certified 

Ch. 146, P. 132, Sec. 4 

State Teachers College — 

Appropriation for 2682 

Effects of alcoholic stimulants 
taught in 2677 

Governed, how.Ch. 170, P. 138, Sec. l 
Session of, continues how long 2676 

State Treasurer, see Treasurer of State. 

State University- 
Governed, how.Ch. 170, P. 139. Sec. 1 
Library and cabinet natural history-2639 
Object, department and degrees 2640 

Stationery — 

County Superintendent, for use of-2742 

Statistics, see Reports. 

Stimulants, see Alcoholic Drinks. 

Studies, see Course of Study. 

Subdistrict — 

Annual meeting, notice of 2751 

Annual meeting, powers of voters.. 2751 

Boundaries changed by Board 2801 

Boundaries, changes when effective.2801 

Created, may be 2801 

Description of, recorded in records..2801 

Description of, copy of delivered 2801 

Director prepares list of children 2785 

Director of, makes certain contract.2785 

Director of, qualifications for 2748 

Director for, term of office 2745 

Embracing entire school township. .2752 
Industrial exposition in, may be held-2786 

Plat of, to be made 2801 

Rural independent districts formed 

from 2800 

Schoolhouse tax levied on 2753 

Schoolhouse tax, vote certified 2753 



Special meeting to vote tax 2753 

Schoolhouse tax, notice of amount.2751 
School township subdivided into 2744 

Subdistrict Meeting- 
Held annually 2751 

Officers of 2751 

Special, to vote tax 2753 

Subpoenas — 

Issued by County Superintendent...282l 

Successor in Office — 

Board Ed. Examiners, appointive 
member 2628 

County Auditor, turn over School 
Laws to 2823-m 

Elected and qualified, director 
holds . 2758 

School laws, volume turned over to.2624 
State Superintendent turns matters 
over to 2621 



Suffrage — 

Who has right of 



-2747 



Suit— 

Against school officer as agent 2834 

Bond of publisher, on 2827 

Bond, in ease of breach of 2760 

Board may employ counsel in 2759 

Brought in name of county .2822 

Co. Superintendent, to recover pen- 
alty from 2741 

District may sue and be sued 2743 

Duty, failure or refusal to perform-2822 
President appears for district in.. .2759 
Secretary appears in, when president 
a party 2759 

Superintendent of Public Instruction- 
Appeal from County Superintendent 
hears 2820 

Appeal, determined, cases on 2623 

Approves petition for consolidated 

district 2794-a 

Approves petition for dissolution ol 

consolidated district 2794-aS 

Amendments, shall distribute 2624 

Certificate of qualification of Coun- 
ty Superintendent receives 2809 

Course of study in graded school, 
approves 2776 

County Superintendents, may meet 
in convention 2622 

Deputy, may appoint 2621 

Educational paper, may subscribe 

for 2624 

General supervision of schools, has.2622 
Judgment for money, cannot give...282o 
Institute aid, transmits to County 

Superintendent 2626 

Office in Capitol, shall have 2621 

Papers, reports, etc., flies 2622 



SCHOOL LAWS OP IOWA 



165 



President Board Educational Ex- 
aminers 2628 

Eecord of things done, keeps 5:622 

Reports persons of school age 2625 

Reports biennially to Governor 2625 

Reports from County Superinten- 
dent, receives 2739 

Salary of 2627 

School laws, prints and distrIbutes-2624 

School law, renders opinions on 2623 

Successor, turns over office to 2622 

Teachers' institutes, shall appoint— 2622 

Teachers' institute, may attend 2622 

Traveling expenses of .2627 

Textbooks adopted, receives list of-2833 

Supervision — 

Board of directors, by ..2772 



Taxes — 

Annual meeting, vote schoolhouse..2749 

Apportioned by County Auditor 2808 

Board fixes amount to pay debt 2813 

Board estimates amount necessary.2781 
Board estimates amount and certi- 
fies -- 2781 

Certified by Board of Supervisors--2794-al 
Certified to secretary of school town- 
ship 2759 

Collected, president signs drafts for-2759 

Collected for schoolhouse fund 2768 

Collected for contingent fund 2768 

County Treasurer keeps subdistrict 

separate 2810 

County Treasurer pays over quart- 
erly 2810 

County Treasurer gives notice of 

amount collected 2810 

Estimated in mills, when 2806 

Free text-books, for, provided by 

Board -- 2783 

Fifteen mills, shall not exceed 2753 

Judgm.ent, voters vote to pay 2811 

Levied by Board of Supervisors 2794-ai 

Levy by Board of Supervisors 2807 

Levy for consolidated Independent 

district 2794-al 

Levy of, voted at special meeting..2807 
Levying for building, submitted to 

voters 2794- a4 

Limit of, for teachers' fund 2806 

Limit of in consolidated district 2794-ai 

Limit of, for contingent fund 2806 

Levy of one to three mills, when...2807 
Notice of proposition to vote,given-2749 
Notice of proposition to vote in sub- 
district 2751 

Notice, not voted without 2746 

Provision to pay bonds, certified 

by secretary 2767 

President notified of amount col- 
lected 2808 



County Superintendent, by 2735 

Person selected by Board, by 2776 

State Superintendent, by 2622 

Sureties- 
Bonds of surety companies accepted-2830 

Contractor for, to furnish books 2830 

Contractor, to build 2779 

Person for, to keep supplies for dis- 
trict 2824 

Secretary and treasurer of Board 2760 

Treasurer of County High School— 2729 
Trustees of County High School 2729 

Surety Companies — 

Bonds of, accepted, for contractor..2830 

Suspension- 
Board may 2782 

Teach, may temporarily 2782 

President issues warrant for 2808 

Schoolhouse fund, for, apportioned.2806 

School township, void for, when 2796 

Schoolhouse, voted, certified by sec- 
retary .2767 

Secretary certifies, to Board of Sup- 
ervisors 2767 

Special meeting of subdistrict, voted 

at 2753 

Special election, may be voted at 2750 

Subdistrict, levied by Board of Sup- 
ervisors 2753 

Trustees County High School esti- 
mated 2730 

Text-books and supplies, $1.50 an- 
nually 2825 

Transportation, $5.00 for each per- 
son .— ..2806 

Void in consolidated district, when-2794-ai 

Women may vote for 274v 

Teachers- 
Alcoholic stimulants, instruction on 
effects 2775 

Agent for text-books, may not be.-2834 
Blanks and circulars from County 

Superintendent 2734-b 

Board should aid in government 2782 

Compulsory school law, report vio- 
lations 2823-6 

Contracts with, contain what 2778 

Contracts signed by, and president.277s 

Contracts filed with secretary 2778 

Certificate, not employed wIthout.-278!> 
Certificate, not paid salary without.27a5 
Certificate, teach subjects specified 

Z630-b-2734-e 

Certificate, first grade, term of 2734-g 

Certificate, first grade, renewal of.-2734-g 
Certificate, state and diplomas, to..2629 
Certificate, provisional, when issued-2734-t 
Certificate, provisional, extcnsion..2734-t 
Certificate, special, term of.. 2734-e 



166 



SCHOOL LAWS OF IOWA 



Teachers— Continued 

Certificate, special, renewal of 2734-e 

Certificate revoked after investiga- 
tion 2734-u 

Certificate of other states, validated-2630-c 
Certificate, kindergarten, must hold 

when 2777 

Certificate, primary state to 2630-b 

County High School, in, reported— 2731 
Discharged by majority of Board..2782 

Discharged, shall have fair trial 2782 

Elected by Board in all cases 2778 

Examination of, regular county— 2734-c 

Examination of, special 2734-e 

Examination in first grade subjects-2734-d 

Examination in special studies 2734-e 

Examination, application fee for 2734r-p 

Fund, is money to pay salaries of--2768 
Graduates from accredited colleges-2634-f 
Keep doors of school unlocked, when 

Ch. 128, P. 137, Sec. 11 

Library books loaned to 2823-r 

Library, responsible for care of 2823-r 

Neglect of duty a misdemeanor, when 

Ch. 128, P. 137, Sec. 11 

Normal institute held for, annually.2738 
Number employed reported by secre- 
tary 2765 

Normal school, may attend 2676 

Normal school, number in, reported-2680 

Number reported in state 2625 

• ine fire drill each month, must have 

Ch. 128, P. 137, Sec. 11 

jvcgistration of certificate or dip- 

ploma 2734-q 

itCgistered, certificate must be 2734^q 

Eules and regulations by Board 2772 

Register, shall keep daily 2789 

Register, separate for non-residentS-2789 

Register, file copy with secretary 2789 

Reports, file with County Superin- 
tendent 2789 

Scholar, may temporarily dismiss--2782 
Scholar, may readmit if dismissed-2782 
Vocal music, must pass examination 
in 2823-s 

Teacher's Contract, see Contracts. 

Teachers' Normal Institutes- 
Aided by State appropriation 2626 

Aided by Board of Supervisors 2738 

Appointed, how 2622 

County Superintendent hold an- 
nually 2738 

Expenditures, report of, published— 2739 

Institute fund, disbursement of 2738 

Institute fund 2738 

Registration fee, from whom col- 
lected 2738 

State Superintendent, shall attend— 2622 

Session of, at least six days 2622 

Vocal music must be taught in 2823-t 



Continued 

Teachers' Normal Training, see Accredited 

High Schools. 
Term of Office- 
Member of Board of independent 



district 2795 

Member of Board appointed 2758 

Member of Board Educational Ex- 
aminers 2628 

Members of finance committee 

Ch. 170, P. 139, Sec. 6 

Member Trustees County High 

School 2729 

Member of Board of Directors 2745 

President of the Board 2757 

Secretary and treasurer 2757 

Sueessor elected and qualified 2758 

Successor, books surrendered to 2770 

Treasurer in independent city and 
town districts 2754 

lerritory — 

Attached to adjoining district 2791 

Boundary lines, change of 2793 

Contiguous, included in independent 

district 2794 

District has jurisdiction over all 2743 

Detached to form new independent 

district - 2798 

New township constitutes school 

township 2790 

Restored to district 2792 

School purposes, for 2773 

Taxes, when void upon part of 2796 

Tax on, when deducted from tuition-2804 
Transfer of, assets and liabilities 

divided —2802 

Testimony — 

Trial of an appeal, in 2819 

Witnesses subpoenaed to give 2821 

Text-books — 

Agents for, school officers not 2834 

Amount certified annually to secure.2825 
Board has charge of and supplies.2824 

Board selects persons to keep 2824 

Bonds required of person keeping. .2824 

Change in, not within five years 2829 

Contract for purchase. Board may.. 2824 

Contractor, bond taken from 2830 

County uniformity, petitions for— .2831 
County uniformity. County Board 

Education contracts 2832 

County uniformity, cities and towns 

exempt 2835 

County uniformity, cities and towns 

may adopt same books 2835 

Debt shall not be contracted for 2825 

Depositories for sale of, provided. .2832 

Exchange of Board may make 2826 

Furnished at very lowest price 2S27 

Free, none supplied until needed 2837 

Free, question submitted 2836 



SCHOOL LAWS OF IOWA 



167 



Furnished to indigent children 2783 

Loaned, Board procures books to 

be — 2837 

Loaning of, when discontinued 2837 

List of reported by County Super- 
intendent 2833 

Notice for bids before purchasing..2828 

Purchased with contingent fund 2783 

Paid for, with contingent fund 2825 

Rules and regulations concerning 2837 

Samples kept for inspection 2830 

Samples of filed with County Super- 
intendent 2830 

Scholar may purchase at cost 2837 

Use, those in, must be considered— 2826 
Uniformity, Board may adopt with- 
out — 2824 

Uniformity, Board certifies sum for-2806 

Used in District, reported 2765 

Used by County High School. ..2731 

Tie Vote- 
How determined 2754 

Time- 
Teachers' Normal Institute, how 
fixed 2622 

Appeal, County Superintendent, 

notifies persons of 2819 

Appeal, 30 days notice of by appel- 
lant 2820 

Defense against charges, to make...2782 

Meeting of, stated in notice 2763 

Notice of special meeting, given in.-2757 
Notice of subdistrict meeting, stated 

in 2751 

Notice of annual meeting, stated in.2746 
Notice of special election, 30 days.-2820-a 
Teachers' Normal Institute of, how 

fixed . 2622 

Transcript, secretary sends within 10 
days 2819 

Town- 
Basis of independent district, may 
be 2794 

Township, see Civil Township and School 
Township. 

Transcript — 

Cost in appeal, where filed... .2821 

Secretary notified to furnish 2819 

Secretary shall certify to be correct.2819 
Tax levy for ..2808 

Transfer- 
Assets and liabilities divided 2802 

By change of boundaries 2793 

Restoration of territory to district.2792 

Surplus in schoolhouse fund 2749 

Territory to adjoining district 2791 



Transportation of Children- 
Board makes rules concerning 2794-a3 

Board may suspend, when 2794-a2 

Board shall designate route of 2794-a2 

Board of consolidated district shall 

provide 2794-a2 

Board may arrange for 2774 

By parent not exceeding 2 miles 2794-a2 

Compensation for 2794-a2 

Contracts for, in writing 2794-a3 

Estimate of contingent fund for 2806 

Treasurer — 

Annual report to Board, makes 2769 

Bonds, record of persons sold to 2812-f 

Bond, gives 2760 

Chosen outside of Board 2757 

Chosen by electors, when 2754 

County High School of ...2729 

Compensation fixed by Board 2780 

Educational institution, for each 

Ch. 170, P. 138, Sec. 4 

Elected by ballot 2757 

Fund, keeps separate account with 

each 2768 

Money, draws from County treas- 
ury _ 2808 

Orders, registers all 2768 

Orders, endorses those unpaid 2768 

Pays out moneys 2768 

Qualifies in ten days 2760 

Receives all moneys 2768 

Report, files copy with County Sup- 
erintendent 2769 

Statement of finances, renders 2769 

Taxes, receives quarterly 2810 

Vacancy in office, how filled 2771 

Treasurer of State — 

Board of Educational Examiners 
pays fees to 2631 

Trees- 
County Superintendent calls atten- 
tion of Board to 2787 

Thrifty condition, those in, re- 
ported 2765 

Twelve or more on each site 2787 

Trial- 
Appeal to County Superintendent of.2819 
Appeal to State Superintendent of..2820 
Revocation of certificate or diploma. 2631 

Revocation of teacher's certificate 2734-u 

Teacher discharged by Board 2782 

Truant Officers- 
Appointed, how 2823-e 

City marshal may be with salary 2823-e 

Compensation of 2823-e 

Compulsory school law, enforce 2823-f 

Duties of 2823-e 

Penalty, failure to enforce law 2823-f 



1«« 



SCHOOL LAWS OF IOWA 



T — Continued 



Truant schools- 
Board may establish rules for .2823- 

Punishment of insubordinate chil- 
dren .2823- 

Trustees, see Board of Trustees. 

Tuition — 



Average cost of, reported by secre- 
tary 2765 

Boards may agree upon 2803 

Certificate of qualification for 

Ch. 146, P. 132, Sec. 1 

Consent of Board and County Sup- 
erintendent, on 2803 

County High School, in 2733 

County Superintendent signs certifi- 
cate for Ch. 146, P. 132, Sec. 2 



Deducted from school tax, when 2804 

d Every school free of, to whom 2773 

Fee for, in High School 

■a Oh. 146, P. 132, See. 3 

Pee for, how paid 

Ch. 146, P. 132, Sec. 3 

Four-year High School course, in 

Ch. 146, P. 132, Sec. 1 

High School outside of home district 

Ch. 146, P. 132, Sec. 1 

Non-residents, for, fixed by Board-.2804 

Normal School, in _ 2676 

Paid by Board in another district_.2774 
Payment of refused, how collected.. 

Ch. 146, P. 132, Sec. 4 

Statement of, certified by President 

Ch. 146, P. 132, Sec. 4 

State College of Agriculture, in 2647 

State Normal School in 2629 



Uniformity of Text-books, see Text-Books. 
Union Schools, see Graded Schools. 



U 



University, see State University. 
Unknown Owner, see Owner. 



Vacancy in Office- 
Board of Directors, in, how filled--2758 

Officer of Board, how filled 2771 

Trustee of County High School 2729 



Village — 

Basis for independent district, may 
be ..2794 

Violation of rules- 
Penalty for 2794-a6 

Transportation, of 2794-a6 

Visitation of Schools- 
Board provides for 2782 

County Superintendent by, manda- 
tory 2734-b 

County Superintendent, by request 
of Board 2734-b 

Voters- 
Annual meeting, at 2746 

Ballot, vote by 2749-2794-a 



Bonds in excess of IJ per cent 2820-a 

Bonds, to issue for original indebt- 
edness -. .-2812-t) 

County uniformity, on 2832 

County uniformity in cities and 

towns 2835 

Dissolution of consolidated district.2794-a5 
Forming consolidated district, 

vote on 2794-a 

Free text-books, authorize 2836 

Independent districts formed from 
subdistrict 2797 

Independent districts, subdivision of-2798 

Independent districts, uniting 2799 

Judgment, tax to pay 2811 

Petition for forming independent 

district 279* 

Register of in precincts 2755 

Subdistrict, special meeting 2753 

Subdistrict, annual meeting 2751 

Text-books, authorize Board to 

change 2829 

Text-books, loaning discontinued-..2837 

Vote on forming consolidated dis- 
trict ..2794-a 

Vote on forming independent dis- 
trict 2794 



SCHOOL LAWS OF IOWA 



169 



W 



Ward- 
Tax paid by guardian, deducted 2804 

Wards- 
District divided into, when 2773 

Warrants, see Orders. 

Water-closets- 
Approaches to, separated by fenee--2784 
Board shall give special attention. .2784 
Separated by barrier in independent 

district ..2784 

Wliolesome condition and good re- 
pair ..2784 

Witnesses — 

Attendance of may be compelled. ..2821 



Year — 

Board, for organization of 2757 

Commences for school purposes, 

when 2773 

Election of secretary and treasurer, 

for 2757 

Enumeration by secretary for 2764 

Enumeration of subdistrict by direc- 
tor 2785 

Financial statement, to be published-2781 

Minimum, for school purposes 2773 



Compensation of 2821 

Subpoenaed, may be by County Sup- 
erintendent 2821 

Woman- 
County Superintendent, may be 

woman 2734-b 

Member of Board of Educational 

Examiners, is 2628 

Member of Board or officer, may be-2748 
Vote on taxes or issuing bonds, 

may 2747 

Voting at elections when not pro- 
hibited 2755 

Written Contract, see Contracts. 

Report of secretary to County Sup- 
erintendent, for 2765 

Report of treasurer to County Sup- 
erintendent, for 2769 

School township divided into subdis- 
trict 2801 

Taxes regularly voted, for certify- 
ing - — 2806 

Tax voted at special meeting, for 
certifying 2807 

Youth, see Enumeration, and Scholar. 



INDEX TO FORMS 



No. Page 

Revocation of Teachers' Certificate 1 173 

Application for Teachers' Normal Institute 2 173 

Monthly Report of Examination Fees, Institute Fund 3 174 

Report of .Registration Fees, Institute Fund 4 174 

Montlily Remittance to State Treasurer 5 174 

Receipt for Institute Fund 6 17.3 

Order on Institute Fund 7 175 

Notice of Annual Meeting 8 175 

Proceedings of Annual Meeting 9 175 

Certificate of Election 1<) 17r> 

Notice of Subdistrict Meeting 11 170 

Proceedings of Annual Subdistrict Meeting 12 17G 

Certificate of Election of Director of Subdistrict , 13 17() 

Certificate of Tax Voted by Subdistrict Meeting 14 176 

Bond of Secretary or Treasurer.. 15 177 

Draft on County Treasurer 16 177 

Order on District Treasurer 17 177 

Order Register of Secretary and Treasurer ! 18 178 

Register of Persons of School Age K' 178 

Certificate to County Officers 2;) 178 

Certificate of Tax 21 170 

Certificate Apportioning Tax 22- 179 

Certificate of Tax Voted by Subdistrict 23 179 

Treasurer's Account 24 ISJ 

Certificate of Appointment 25 ISJ 

Deed for Schoolhouse Site 26 180 

Lease of Schoolhouse Site 27 180 

Contract Between Board and Teacher 28 181 

Proposals for Erection or Repair of Schoolhouse 29 ISl 

Contract for Building Schoolhouse 30 181 

Bond Performance of Contract 31 182 

List of Parents and Children, kept by Director 32 182 

Teacher's Daily Register 33 183 

Teacher's Term Report 34 184 

Notice Permitting Attendance from Another District 35 184 

Notice of Semi-annual Apportionment 36 1S4 

Certificate of Election of County Superintendent 37 1S5 

Certificate of Qualification of County Superintendent 3S 185 

Notice of School Tax Collected 3D 185 

Application for Appointment of Referees 40 185 

Appointment of Referees 41 185 

Notice to Owner of .Real Estate . 42 186 

Report of Referees 43 186 

Notice of Assessment of Damages 44 186 

Affidavit of Appeal '—- 45 187 

Notice of Appeal 46 187 

Certificate to Secretary's Transcript 47 187 

Notice of Hearing of Appeal 48 187 

Certificate to County Superintendent's Transcript . 49 188 

Bond for Sale of Books and Supplies 50 188 

Notice to Publishers of Text-Books 51 ISS 

Bond of Contractor to Furnish Text-Books 52 188 



172 SCHOOL LAWS OF IOWA 

NO. Page 

Petition for County Uniformitj' 53 ISO 

Proposition and Ballot for County Uuiformity 54 IS'J 

Oath of President or Director 55 189 

Order for Library Books 56 190 

Notice to Principal of Private or Parochial School 57 ]f)0 

Notice About Child Under Private Instruction 58 190 

Report of Principal to Tutor or Secretary of Board 59 191 

Report Concerning- Violations of Compulsory Law 60 191 

Petition to Establish an Independent District, Sec. 2794 61 191 

Petition for Separate Ballot, Sec. 2794 62 192 

Petition to Establish a Consolidated School District 63 192 

Drivers' Contract . 64 192 

Certificate of Residence 65 193 



BLANK FORMS 



To. 



NUMBER 1 — SECTION 2734-u. 

(make in duplicate.) 

revocation of teacher's certificate. 

Office of County Superintendent, 
Iowa 191 



You are hereby notified that a certificate to teach, granted to 

dated 191. . ., is hereby revoked in accordance with the provisions 

of section 2734-u, the said revocation to take effect from and after 191. . . 



County Superintendent. 



NUMBER 2— SECTION 2738. 

application for teachers institute. 

Office of County Superintendent, 

County, Iowa, 191... 

To the Superintendent of Public Instruction; 

I desire to hold days of institute during the school year ending June 

30, 191..., as follows: days commencing 191..., 

at and days commencing 191. • ■, 

at I have also appointed subject to your approval the follow- 
ing persons to assist in said institute. 

You are hereby requested to appoint the institute for county at 

the places and on the dates above named, and to approve the faculty submitted below 

County Superintendent. 
Note — One of the sessions must be of at least six consecutive working days' duration. 

Institute Faculty for the Session Commencing 191. . . 



Names. 


Address. 


Subjects Assigned. 


Conductor: 






Assistants: 









For the Preliminary or Supplemental Session Commencing 


191... 


Conductor: 






Assistants: 













174 



SCHOOL LAWS OF IOWA 



NUMBER 3 — SECTION 2738. 

MONTHLY REPORT OF EXAMINATION FEES, INSTITUTE FUND. 

Treasurer County. 

Dear Sir — Inclosed find Dollars received from fees for the 

month of 191. . ., collected from the following named persons: 






Name of Applicant 



Amount 
Received 






Name of Applicant 



Amount 
Received 



24 








49 - 1 


25 








50 .. 1 














Total $ 



I hereby certify that the above report is correct. 
Iowa. 



., 191.. 



County Superintendent. 



NUMBER 4 — SECTION 2738. 

REPORT OF INSTITUTE ENROLLMENT FEEB, INSTITUTE FUND. 

^ , Treasurer. County. 

Dear Sir — Inclosed find Dollars received from enrollment fees 

for the normal institute held at commencing and 

continuing days. 



d 


Name of Teacher 


Amount 
Received 


d 


Name of Teacher 


Amount 
Received 


1 


. — - f 


151 1$ l._.. 

152 ' L... 


a 





149 
150 



1299 



-State appropriation 



Total- 



I hereby certify that the above report is correct. 

Iowa, ... 

191. .. 



County Superintendent. 



NUMBER 5— SECTION 2734-p. 

monthly remittance of examination fees to the treasurer of state. 

Office of County Superintendent. 



. County, Iowa, 



.191. 



Hon , Treasurer of State, Des Moines, Iowa : 

Dear Sir — Inclosed find .Dollars, being one-half of the exam- 
nation fees collected during the month of 191. . .. as provided in section 

2734-p. 



.191. 



County Superintendent. 



SCHOOL LAWS OF IOWA 175 

NUMBER 6— SECTION 2738. 

RECEIPT FOR INSTITUTE FUND. 



Received of county superintend- 
ent Dollars institute fund for the month ending 191 .. . 

Iowa. 

191... County Treasurer. 



NUMBER 7 — SECTION 273S. 
order on county auditor. 

Office of County Superintendent, 
County, Iowa, 



191. . . 

$ 

To Auditor County: 

Please draw and deliver to a warrant upon the 

Institute Fund for Dollars, as by duly verified bill No 

accompanying this order. 



No County Superintendent. 



NUMBER 8— SECTION 2716. 
notice of annual meeting. 

Notice is liereby given to tlie qualified electors of the 

of ; in tlie county of state of Iowa, 

that the annual meeting of said district will be held at on 

the second Monday in March, 191. . ., at o'clock, .m., and closing at o'clock, .m. 

A director will be elected for a term of years to succeed 

one for years, to succeed 

and 

The meeting will be open for the transaction of such business as may legally come 
before it, and the board has directed that the following propositions shall be sub- 
mitted to and determined by the voters : 



,191. . . Secretary. 



NUMBER 9— SECTION 2746. 
proceedings of annual, meeting. 

March 191. . . 

The electors of the in the 

county of state of Iowa, assembled at pur- 
suant to notice. The meeting was called to order by the president at o'clock, .m. 

The secretary, being absent was elected secretary. 

The order of business and powers of the meeting were stated by the president. It 

was moved by seconded by 

that the ballots provide for voting upon a tax of Dollars 

for schoolhouse purposes. 

Carried votes for and votes against. 

On motion of seconded by it 

was voted that the ballots provide for voting a tax of Eight Hundred Dollars for the 
purpose of building a schoolhouse in subdistrict No 

It was ordered that the ballots afford opportunity to vote upon the proposition 

to transfer Dollars of unused schoolhouse fund to the 

teachers' (contingent) fund. 

The polls for voting were opened at minutes after o'clock. 

At minutes after o'clock the polls were closed, the ballots were 

counted, and the vote upon the several matters voted upon was in each case as follows : 



The time required by law during which the meeting must be kept open having 
passed, the meeting adjourned at minutes after o'clock. 



Secretary. Chairman. 



176 SCHOOL LAWS OF IOWA 

NUMBER 10— SECTION 274 6. 

CERTIFICATE OF ELECTION. 

We hereby certify that at the annual meeting of the in 

the county of state of Iowa, held on tlie second Monday 

In March, 191 was duly 

elected of said district, for a term of years, 

to succeed 

Judges of 
Election 



President. 

Secretary. 

.191... Judge of Election. 



NUMBER 11— SECTION 2751. 

NOTICE OP SUBDISTRICT MEETING. 

Notice is hereby given that a meeting of the qualified voters of subdistrict No 

of the school township of in the county of state 

of Iowa, will be held at on the first Monday in March, 191 . . ., 

at o'clock. . . .m., for the election of a director and for the transaction of such 

other buisness as may legally come before it. The question whether Hundred 

Dollars schoolhouse tax shall be voted upon the property of the subdistrict will be 
determined by ballot at such meeting. 



.191... Director of Subdistrict No. 



NUMBER 12— SECTION 2751. 

PKOCBEDINGS OB- ANNUAL -SUBDISTRICT MEETING. 

March 191. . . 

The voters of subdistrict No of the school township of in 

the county of state of Iowa, met pursuant to notice. 

was appointed chairman, and secretary 

of the meeting. 

The chairman announced the powers of the meeting. 

The polls were opened at minutes after o'clock. At minutes 

after o'clock the polls were closed, and the judges proceeded to count the 

ballots. For director votes were cast for votes 

for , and votes for upon 

»/hich was declared elected director for the 

ensuing year, and he was given his certificate of election. Upon the proposition to vote 

a schoolhouse tax of Hundred Dollars upon this subdistrict, votes 

were cast for the tax, and against the tax. It was declared that the 

vote was 

At minutes after o'clock, on motion of the 

meeting adjourned. 



Secretary. Chairman 



NUMBER 13— SECTION 2751. 

CERTIFICATE OP ELECTION FOR DIRECTOR OF SUBDISTRICT. 

We hereby certify that at the annual meeting of subdistrict No , of the 

school township of in the county of , state 

of Iowa, held on the first Monday in March, 191 ... , 

was duly elected director of said subdistrict. 
Judges of 
Election 



.191. 



Chairman. 
Secretary. 



NUMBER 14 — SECTION 2753. 

CERTIFICATE OP TAX VOTED BY SUBDISTRICT MEETING, 

To , Secretary Board of Directors of the School Township 

of : 

I hereby certify that the voters of subdistrict No of the school township 

of , in the county of state of Iowa, at 

the meeting held 191 . . ., voted a tax 

of Dollars for the erection of a schoolhouse in said subdistrict. 



.191... Secretary of Subdistrict Meeting. 



SCHOOL LAWS OF IOWA 177 

NUMBER 15— SECTION 2760. 

BOND OF SECRETARY OR TREASURER. 

Know all Men by These Presents: That I as principal, 

and and as sureties, of 

the in the county of state of 

Iowa, are held and firmly bound unto the in the said county and 

state, in the penal sum of Dollars, to be paid to the 

said for which payment, well and 

truly to be made, we bind ourselves, our heirs, executors and administrators firmly by 
these presents. 

The condition of this obligation is that as of 

the In the county of state of Iowa, 

he will render a true account of his office and of his doings therein to the proper 
authority, when required thereby or by law ; that he will promptly pay over to the 
officer or person entitled thereto all moneys which may come into his hands by virtue 
of his office ; that he will promptly account for all balances of money remaining in his 
hands at the termination of his office ; that he will exercise all reasonable diligence and 
care in the preservation and lawful disposal of all money, books, papers, securities, or 
other property appertaining to his office, and deliver them to his successor, or to 
any other person authorized to receive the same; and that he will faithfully and 
impartially, without fear, favor, fraud or oppression, discharge all duties now or 
hereafter required of his office by law ; and the sureties on such bond shall be liable 
for all money or public property that may come into the hands of such officer at any 
time during his possession of such office. 

In testimony whereof we have hereunto subscribed our names this day 

of 191... 



Principal. 

Sureties. 

State of Iowa County, ss. 

I, do solemnly swear (or affirm) that I will 

support the constitution of the United States and the constitution of the state of Iowa, 
and that I will faithfully and impartially, to the best of my ability, discharge all the 

duties of the office of secretary (or treasurer) of the in the county 

of , state of Iowa, as now or hereafter required by law. 



Subscribed and sworn to before me by the above named this 

day of 191. . . 

In testimony whereof witness my hand and official seal. 



(Seal.) Notary Public. 

State of Iowa • . . . . County, ss. 

I being duly sworn, depose and say 

that I am a resident freeholder of the state of Iowa, and am worth the sum 

of Dollars beyond the sum of my debts, and have 

property liable to execution in this state equal to the sum of Dollars. 



Subscribed and sworn to before me by the above named . . 

this day of 191. . . 

In testimony whereof witness my hand and official seal. 



(Seal.) Notary Public. 



NUMBER 16— SECTION 2762. 
draft on the county treasurer. 



.191. 



To , County Treasurer: 

Pay to , treasurer of the in 

the county of state of Iowa, Dollars teachers' 

fund Dollars schoolhouse fund, and Dollars 

contingent fund, being the amount of tax collected and due this district for the quarter 
ending 191. . ., as shown by your notice of 191. . . 



Secretary. President. 



NUMBER 17— SECTION 2762. 
order on district treasurer. 

5 

191... 

To , Treasurer of the 

Pay to or order Dollars 

from the fund, for 

Secretary. President. 



178 



SCHOOL LAWS OF IOWA 



NUMBER 18— SECTION 2762. 

ORDER REGISTER OF SECRETARY AND TREASURER. 



a 


Date 


In Whose Favor 
Drawn 


For Weat Purpose 






d 

5-2 


1 


April 7, 191— 

April 7, 191 

April 7, 191 

May 10, 191 — 
May 14, 191 — 


John Smith 


Teaching school - 


$ 45.00 






9 


A. J. Adams 

Joel B. Young 

Thomas Harrison .. 
Sarah Johnson 


Repairs on schoolhouse _ _ 


$ 5.00 




3 


Fuel - - 




$ 5.00 








125.00 




5 


Teaching school 


63.74 






NUMBER 19 — SECTION 2764. 

REGISTER OF PERSONS OF SCHOOL AGE. 



Names 


Age 


Attendaace in 
days for 
year end ng 
June 30 




Parents or Guardian 


Children 


ID 


01 

a 


Reasons for Non- 
attendance 


\ ! 


1 




1 i 


: 1 





Note — Read section 2823-i. 



NUMBER 20 — SECTION 2766. 



CERTIFICATE TO COUNTY OFFICERS. 



I hereby certify that at a meeting of the board of directors of the held 

on the day of 191. . ., the following officers were elected 

and have qualified according to law : 

, to the office of president, 

' ." to the office of secretary, 

'. to the office of treasurer, 

, to the office of truant officer, 

191... 



postoffice. 
postoffice. 
postoffice. 
postoffice. 



Secretary 



Members of the Board. 



Name 


Address 


Name 


Address 




1 







SCHOOL LAWS OF IOWA 179 

NUMBER 21— SECTIONS 2749-2750. 

CERTIFICATE OF TAXES. 

To the Board of Supervisors County: 

1 hereby certify that the board of directors of the school townsliip of 

county of , state of Iowa, has estimated amounts for the different 

funds as follows : 



Fund 


Amount 


Fund Amount 


Teachers' (See. 2806) $ Sehoolhouse (Sec. 2813) $ 

Contingent (Sec. 2806) »School Building Bond (Sees. 2768 

' and 2813) 



I certify, also, that the qualified electors of said school corporation, at a regular 

meeting held on the day of 191. . . voted the following 

taxes of the property of the school corporation : 



Fund 


Amount 


Fund Amount 


*Schoolhouse (Sec. 2749) 


, 


*School Building Bond (Sees. 2749 
and 2768) . 


S 







.191.. 



Secretary.. 



* Taxes voted by the electors or estimated by the board to pay on "school building 
bonds," should be placed in the "school building bond fund." • Taxes voted by the elec- 
tors for any other purpose belong in the "sehoolhouse fund." 



NUMBER 22— SECTIONS 2767 AND 2806. 

CERTIFICATE APPORTIONING TAXES. 

To the Board of Supervisors of County: 

I hereby certify that a tax voted by the voters of the school township of 

in the county of state of Iowa, of - Dollar.s 

for sehoolhouse purposes, has been apportioned by the board of directors among the 
subdistricts as follows : 

Upon subdistrict No. 1 Dollars. 

Upon subdistrict No. 2 Dollars. 

Upon subdistrict No. 3 Dollars. 

Upon subdistrict No. 4 Dollars. 

Upon subdistrict No. 5 Dollars. 



,191. 



Secretary. 



NUMBER 23— SECTION 2767. 

CERTIFICATE OF TAX VOTED BY A SUBDISTRICT. 

To the Board of Supervisors of County: 

I am directed by the board of directors of the school township of in 

the county of state of Iowa, to certify that the voters of sub- 
district No. . ., . .of said township, at a meeting held. . 191. . ., voted 

that Dollars be raised on the property within the sub- 
district for sehoolhouse fund. 



191. 



Secretary. 



180 



SCHOOL LAWS OF IOWA 



NUMBER 24— SECTION 2768. 

TREASUREH'S ACCOUNT. 



Treasurer, in account with teachers' {schoolhouse or 
contingent) fund. 



Dr. 



Sept. 

Oct. 

Jan. 

April 

April 

July 



28, 19- 

5, 19- 

4, 19- 

5, 19- 
5, 19- 
5, 19- 



To cash received of county treasurer, semi-annual apportionment. 

To cash received of county treasurer, district tax 

To cash received of county treasurer, district tax 

To cash received of county treasurer, district tax 

To cash received of county treasurer, semi-annual apportionment. 

To cash received of county treasurer, district tax 



270.00 
75.00 
150.00 
197.00 
135.00 
100.00 



.Treasurer, in acount with teachers' fund. Cr. 



13, 


19 

19 

19 

19 

19 

19 

19 


By cash paid James Hogan, on order No. 1 — 


$ 136 00 


13, 


By cash paid Sarah Smith, on order Ko. 3 . - 


89.00 


14, 


By cash paid Nicholas Hoover, on order No. 4 


135 00 


3, 


By cash paid Louisa Martin, on order No. 7-- 


82.00 


4, 


By cash paid Jas. M. Higgins, on order No. 10 .. - 


115.00 


4, 


By cash paid Stephen Phelps, on order No. 11 


175 00 


5, 


By cash paid Amelia Mason, on order No. 13 


95.00 



Oct. 
Oct. 
Nov. 
May 
May 
May 
May 



To. 



NUMBER 25 — SECTION 2771. 

CERTIFICATE OF APPOINTMENT. 



You are hereby notified that at a meeting of the board of directors of the 

, in the county of , state of Iowa,, on 

the day of 191..., you were appointed of 

said : to fill a vacancy occasioned by the 

of . . . , 



.191. . 



Secretary 



NUMBER 26 — SECTION 



173. 



DEED FOR SCHOOLHOUSE SITE. 

Know all Men by These Presents: That we, and 

, of the county of , state of 

Iowa, in consideration of the sum of Dollars in hand paid, do 

hereby sell and convey unto the in the county 

of , state of Iowa, the following described premises, 

situated in the county of , state of Iowa, to-wit : (Here describe 

the 'premises.) 

And we do hereby covenant with the said that we 

are lawfully seized of said premises ; that they are free from incumbrance ; that we 
have good right and lawful authority to sell the same ; and we do hereby covenant to 
warrant and defend the title to the said premises against the lawful claims of all 
persons whomsoever. 



Signed this day of 191... 

State of Iowa, County, ss. 

On this day of 191. . ., before me, a notary public in and 

for said county, personally came and 

personally to me known to be the identical persons whose names are affixed to the 
above deed, for the purposes therein expressed. 

Witness my hand and notarial seal this day of 191. . . 



(L. S.) 



Notary Public 



NUMBER 27— SECTION 2773. 

LEASE OF SCHOOLHOUSE SITE. 

Know all Men by These Presents: That of the county 

of state of Iowa, for the consideration hereinafter mentioned, does 



SCHOOL LAWS OF IOWA 181 

liereby release unto , president of the board of directors of 

the in the county of state of lowo , 

or his successor in office, for the use of said for school pur- 
poses, the following described premises, situated in the county and state aforesaid, 
to-wit : (Here describe the lot or parcel of ground) together with all the privileges 

thereto belonging, for the term of from the day 

of 191. .. 

The said president as aforesaid, or his successor 

in office, hereby agrees to pay the said for the use of 

said premises, the rate of Dollars, to 

be paid at the expiration of this lease. 

In testimonv whereof we have hereunto subscribed our names this dav 

of 191... 

Signed in duplicate. 



President. 



NUMBER 2 S— SECTION 2778. 

CONTRACT BETWEEN BOARD AND TEACHER, 

This contract between a teacher 

of county, Iowa, and , president 

board of directors of the in the county 

of state of Iowa, witnesseth : 

That the said agrees to teach the public 

school in of said district for the term of weeks, 

commencing on the day of 191. . ., and well and faith- 
fully to perform the duties of teacher in said school, according to the law, and the 
rules legally established for the government thereof, including the exercise of due 
diligence in the preservation of the school buildings, grounds, furniture, apparatus and 
other school property. 

In consideration of said services, the said as 

president of the board, in behalf of said agrees 

to provide a suitable and comfortable room for said school, to keep the same in repair, 
to provide the supplies necessary for the comfort and progress of the school and to 

pay the said the sum of Dollars 

a month for school months, at the end of 

Witness our hands this day of 191... 



Teacher. 



President. 
Note — Any other matter agreed upon between the board and the teacher should be 
incorporated in the contract. 



NUMBER 23— SECTION 2779. 

PROPOSALS FOR ERECTION (OR REPAIR) OP SCHOOLHOUSE. 

Notice is hereby given that the proposals for the erection {or repair) of a schoolhouse 

in the in the county of will be received 

by the imdersigned, at his office in (where plans and 

specifications may be seen), until 1 o'clock p. m 191..., at 

which time the contract will be awarded to the lowest responsible bidder. The board 
reserves the right to reject any or all bids. 

191... Secretary . 



NUMBER 30— SECTION 2779. 

CONTRACT FOR BUILDING A SCHOOLHOUSE. 

Contract made and entered into between of the 

county of state of Iowa, and in 

behalf of the in the county of state 

of Iowa, and his successors in office. 

In consideration of the sum of Dollars, to be paid as herein- 
after specified, the said hereby agrees to build a 

schoolhouse and to furnish the material therefor, according to the plans and specifica- 
tions for the erection of said house hereto appended, at 

in said The .said house is to be built of the best material in a 

substantial, workmanlike manner, and to be completed and delivered to the said 



182 



SCHOOL LAWS OF IOWA 



or his successors in office, free from any lien for 

work done or material furnished, on or before the day of 191. . 

And in case the said house is not finished by the time herein specified', " the said 

shall forfeit and pay to the said 

or his successors in office for the use of said the sum 

of Dollars, and shall also be liable for all damages that 

may result to said in consequence of said failure. 

The said , or his successors in office, in behalf of 

said , hereby agrees to pay the said the 

sum of Dollars when the foundation of said house is 

finished ; and the further sum of Dollars when the 

walls are up and ready for the roof ; and the remaining sum of Dol- 
lars when the said house is finished and delivered as herein stipulated. 

It is further agreed that this contract shall not be sublet, transferred, or assigned, 
without the consent of both parties. 

Witness our hands this day of 191. . 



Contractor. 
President. 



NUMBER 31 — SECTION 2779. 



BOND FOR PERFORMANCE OF CONTRACT. 



Know all Men by These Presents: That we, , as 

principal, and : and ■ as 

sureties, of the county of , state of Iowa, are held and firmly bound 

unto the , in the county of state of Iowa, 

in the penal sum of Dollars, for the payment of which, 

well and truly to be made, we bind ourselves, our heirs, adminstrators and assigns, 
jointly, severally and firmly by these presents. 

The condition of the above obligation is such that, whereas the said 

has this day entered into a written contract with 

as president of the board of directors of the , in the county 

of , state of Iowa, and his successors in office, for the erection 

and completion of a schoolhouse in said by the day 

of 191 . . , according to the plans and specifications for the 

construction of said house appended to said contract. 

Now, therefore, if the said shall faithfully and 

fully comply with all the stipulations of said contract, then this obligation shall be 
void, otherwise to remain in full force and virtue in law. 

In testimony whereof we have hereunto suscribed our names this day 

of 191.. 



Principal. 



Sureties. 



NUMBER 32 — SECTION 2785. 

LIST OF PARENTS AND CHILDREN, KEPT BT DIRECTORS. 



Parcrts or Guar- 
dians 



Names of Children 



Age— Years 








fl5 


























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John Smith 
James Jones 
Anna Byron 



Peter Smith 

Eliza Smith 

William Jones 

Charles Peters (ward). 
James Byron 



10 


--- 


40 
100 

80 
120 


8 
15 
12 







See below 



See below 



NOT-E — Read section 2823-i. 



SCHOOL LAWS OP IOWA 



183 



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184 



SCHOOL LAWS OF IOWA 



NUMBER 34— SECTION 2789. 

teacher's term report. 

Register of the school taught in subdistrict number , of the school township 

of in the county of state of Iowa, for 

the term commencing on the 18th day of May, 191. ., and ending 191. . 



Pupils 



Attendance in Days 
for Weeks Com- 
mencing— 



Name 



Branches Studied 



>> 




a 


h 


p. 


CS 


cS 


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m 


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William Jones 

Charles Peters 



12 



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4.5 



4.5 



I hereby certify that the above is a faithful and correct register of said school. 



Teacher. 



NUMBER* 35— SECTION 2803. 

NOTICE PERMITTING ATTENDANCE FROM ANOTHER DISTRICT. 

To , Secretary of the Board of Directors of 

Notice is hereby given that and , 

children residing in the have been granted permission by the boara 

and county superintendent to attend school in , commencing on 

the day of 191. ., for a term of months. 



.191. 



President. 
Secretary. 



NUMBER 36 — SECTION 2808. 
notice of semi-annual apportionment. 

Office of County Treasurer, 



191. 



To > President of the 

You are hereby notified that according to the semi-annual apportionment made 

this day by the county auditor, as providede by section 2808, the sum of 

Dollars is due the in the county of state of Iowa. 



County Treasurer. 



SCHOOL LAWS OF IOWA 185 

NUMBER 37— SECTION 2809. 

certificate of election op county superintendent. 

Office of County Auditor, 

191 

I hereby certify that was elected to the office of 

county superintendent, for the term commencing January 191. . . 

His postofCice address is , Iowa. 

County Auditor. 



NUMBER 38— SECTION 2809. 
certificate of qualification of county superintendent. 

Office of County Auditor, 

191 

I hereby certify that has duly qualified for the 

office of county superintendent for the term commencing January 191... 

His postoffice address is Iowa. 



County Auditor. 



NUMBER 39— SECTION 2810. 

notice of school tax collected. 

Office of County Treasurer, 

191 

To , President of the Board of Directors of the 

Tou are hereby notified that the amount now collected and due the 

in county, state of Iowa, is : 

$ teachers' fund. $ schoolhouse fund. 

% contingent fund. $ school building bond fund. 



County Treasurer. 



NUMBER 40— SECTION 2815. 

application for appointment of referees. 

To , Superintendent of County: 

In accordance with the action of the board of directors of the 

you are hereby requested to appoint three disinterested persons to inspect, and assess 
the damages which the owner will sustain by appropriating for school purposes, the 
following described real estate : 



President. 
.191... 



Secretary. 



NUMBER 41 — SECTION 2815. 

APPOINTMENT OF REFEREES. 

To and 

You are hereby appointed and constituted a board of referees, under the provisions 
of section 2815, to assess the damages which the owner will sustain by the appropriation 
for school purposes, of the following described real estate : 



in in the county of state of Iowa, 

containing one acre of land, exclusive of highway. 

Tou will, therefore, on the day of 191.., at. .. .o'clock, .m., 

proceed to examine the real estate above described, and assess, under oath, the cash 



186 SCHOOL LAWS OF IOWA 

damages which the owner will sustain by the appropriation of said land for school 
purposes, and immediately thereafter report to me in writing the amount of said 
damages. 



County Superintendent. 



OATH OF REFEREES. 

We and 

do solemnly swear that we will well and truly, and to the best of our ability perform 
all the duties imposed upon us by the foregoing commission. 



Subscribed and sworn to before me by 

and. this day of .'."..' .'igi '. 



Notary Public. 



NUMBER 42 — SECTION 2815. 

NOTICE TO OWNER OF REAL ESTATE. 

To , County : 

You are hereby notified that I have this day appointed referees to assess the dam- 
ages which the owner will sustain by the appropriation for school purposes of the 
following described real estate : 



Said referees will meet at the above described real estate on the day 

of 191. ., at o'clock, .m., and assess said dam- 
ages as provided by law. 



. 191... County Superintendent. 



NUMBER 43 — SECTION 2815. 

REPORT OF REFEREES. 

To , Superintendent of County: 

We, the undersigned, appointed to assess the damages which the owner will sustain 
by the appropriation for school purposes, of the following described real estate : . 

do hereby report that we have on this day of. . .'.".'.'.'.'.'.'.'.'.'.'. '.'lb i'.'. carefully 

examined said described real estate and have assessed the damages at ". 

Dollars. 



.191... Referees. 



NUMBER 44 — SECTION 2815. 

NOTICE OF ASSESSMENT OF DAMAGES. 

To , County : 

You are hereby notified that referees were appointed to assess the damages which 
the owner would sustain by the appropiiation for school purposes of the following 
described real estate : 



and that said referees met at said premises on the day of 191 .. . 

and assessed said damages at Dollars, as shown by 

their report on file in my office. 



. 191 . . . County Superintendent. 



SCHOOL LAWS OF IOWA 187 



NUMBER 45 — SECTION 2S1S. 

AFFIDAVIT OF APPEAL, 

State of Iowa^ County, ss. 

V. 

School Township of 

I being duly sworn, on oath, say : That on 

the day of 191. . ., the board of directors of said school 

township rendered a decision (or made an order) whereby (here state facts showing 
affiant's interest in the decision and the injury to that interest) ; that said board in 
rendering the decision (or making the order) aforesaid, committed errors as follows. 
{Here state the errors charged.) 



Subscribed and sworn to by before me, this day 

of 191. . . 



Notary Public. 



NUMBER 46— SECTION 2819. 

NOTICE OF APPEAL. 

State of Iowa, County, ss. 

.: ' 

School Township of \ 

To , Secretary Board of Directors of the School 

Township of : 

You are hereby notified that has filed in my office an 

affidavit alleging that said board of directors, on the day of 191. . ., 

made a decision (or an order) whereby (here describe the decision or order so that the 
secretary may identify it), and claiming an appeal therefrom. You are therefore re- 
quired within ten days after receiving this notice, to file in my office a complete tran- 
script of the record of the proceedings of the board relating to said order, together with 
copies of all papers filed with you pertaining to said action appealed from. 



,191... County Superintendent. 



NUMBER 47 — SECTION 2819. 

certificate to secretary's transcript. ■ 

I , secretary of the board of directors of the school 

township of in the county of state of 

Iowa, hereby certify that the foregoing is a correct and complete transcript of the 
record of all proceedings of the board and of all papers filed relating to the case 



, 191. . . Secretary 



NUMBER 48— SECTION 2819. 
notice op hearing op appeal. 
State op Iowa, County, ss. 

V. 

School Township of 

To 

You are hereby notified that there is on file in this office a transcript of the pro- 
ceedings of the board of directors of the school township of at 

a meeting held on the day of 191. ... in relation to 

(here describe the decision or order appealed from) from which appeal has been taken; 

and that the said appeal will be heard before me at on the day 

of 191..., at o'clock . . . . m. 



.191... County Superintendent. 



188 SCHOOL LAWS OP IOWA 

NUMBER 49— SECTION 2820. 

CERTIFICATE TO COUNTY SUPERINTENDENT'S TRANSCRIPT. 

I, , superintendent of county, 

state of Iowa, hereby certify that the foregoing is a correct and complete transcript of 
the records of all proceedings had, testimony given and papers filed in my office, and 
my rulings thereon, also of my decision in the case v 



.191... County Superintendent. 



NUMBER 50— SECTION 2824. 

BOND FOR SALE OF BOOKS AND SUPPLIES. 

Know all Men by these Presents: 

That we , of the county of , as 

principal, and and as sureties, 

are held and firmly bound unto the in the county of state 

of Iowa, in the penal sum of Dollars, for the payment 

of which we bind ourselves, our heirs, executors and administrators, firmly by these 
presents. 

The condition of the foregoing obligation is, that whereas the above named 

is to take charge of, care for, and account 

for all text-books and supplies, and to return all moneys received from the sale of 
such books and supplies to the contingent fund of said district ; now, if the said 

shall promptly pay over to the treasurer of the 

district all money which may come into his hands from the sale of books and supplies, 
and shall account in full at any time for all books and supplies coming into his hands, 
and shall deliver to any person or officer authorized to receive the same, all books and 
supplies unsold, and make full settlement as required by law, then this bond to be void, 
otherwise in full force. 

Signed this day of 191. . . 



Principal. 
Sureties. 



NUMBER 51 — SECTION 2828. 

NOTICE TO PUBLISHERS OF TEXT-BOOKS. 

Notice is hereby given that in accordance with law, bids will be received up to 

of the day of 191. .. 

by at for the following text-books 

and supplies for the use of the schools of said 

(Approximate Number Needed for First supply) 

Readers, First to Fifth, inclusive 

Arithmetics, two books 

Speller 

Geographies, two books 

United States History 

Grammar 

Language Lessons 

Copy Books, 1-5, inclusive 

Physiology 

Approximate number in attendance upon the schools of said dur- 
ing the year 191 

Samples of all text-books included in any bid must be deposited and remain in 
the office of the county superintendent. 

The board reserves the right to reject any or all bids, or any part thereof. 



,191... President 

Secretary 



NUMBER 52— SECTION 2830. 

BOND OF CONTRACTOR TO FURNISH TEXT-BOOKS. 

Know all Men by These Presents: 

That we of as 

principal, and as sureties, 

are held and firmly bound unto the in the penal sum 



SCHOOL LAWS OF IOWA 189 

of Dollars to be paid to the said for 

which payment well and truly to be made, we bind ourselves, our heirs, executors and 
administrators firmly by these presents. 

The conditions of the above obligation are such that if the above bounden 

shall well and truly fulfill and comply 

with all the obligations of their contract made on the day of 191. . ., 

with the aforesaid 

providing for the furnishing of school text-books at prices and on conditions set forth 
in their said contract, a copy of which said contract is hereto attached and made a part 
hereof, then this obligation to be void; otherwise to remain in full force and effect. 

In testimony whereof we have hereunto subscribed our names this day 

of 191... 



Principal. 
Sureties. 



NUMBER 53— SECTION 2831. 

PETITION FOR COUNTY UNIFORMITY. 

To County Superintendent : 

We, the undersigned, holding the office of school director, ask for the adoption 
of a uniform series of text-books in the schools of this county, and that you take 
steps to submit the question to the electors of the county, at the annual school meeting 
in March, as provided by law. 



Names 


District Name 


Township 



























,191. 



NUMBER 54— SECTION 2831. 

PROPOSITION AND BALLOT FOR COUNTY UNIFORMITY. 

Shall there be a uniform series of school text-books in county, i — ■ 

Iowa? Write yes or no in the square to the right. | | 



NUMBER 55— SECTION 2758. 

OATH OF PRESIDENT OR DIRECTORS. 

State of Iowa, County, ss. 

I do solemnly swear (or affirm) that I will 

support the constitution of the United States, and the constitution of the state of Iowa, 

and that I will faithfully discharge the duties of * as now or 

hereafter required by law. 



Sworn to before me and subscribed in my presence by the said. ... 
this day of A. D. 191. 



♦Director of subdistrict or president of the board, as the case may be. 



190 



SCHOOL LAWS OF IOWA 



NUMBER 56— SECTIONS 2823-n TO 2823-r. 

ORDER FOR LIBRARY BOOKS. 

To the city of state of 

I have been authorized to order the following books for the school library in 

the district (No ), of , township of 

county of , state of Iowa. 

Enclosed find money order or bank draft for % , in full payment of the 

same. 



No, 
Copies 
Wanted 


Title 


Cata- 
logue 

No. 


Net Price 








Del. 


Cts. 























Always fill out this blank carefully and plainly : 



Ship via 

To 

R. R. Station. . . 

County 

State . 



.R. R. 



Signed 

P. O. Address. . 

County. . . 

State . 



Secretary 



191., 



NUMBER 57— SECTION 2S23-b. 

NOTICE TO PRINCIPAL OF PRIVATE OR PAROCHIAL SCHOOL. 

Office of secretary, board of directors of the district 

(No ), township of , county of , state of 

Iowa. 

191 

To , Principal of 

As provided in section 2, chapter 128, acts of the Twenty-ninth General Assembly, 
within ten days from the receipt of this notice, you will please make a certified report 
to this office, giving the names, ages, and days of attendance of all pupils in your 

school for the preceding year, beginning and 

ending 



Secretary. 
Postoffice. 



NUMBER 58— SECTION 2823-b. 

NOTICE TO ANT PERSON HAVING CONTROL OF CHILD, FROM SEVEN TO FOURTEEN TEARS OF 
AGE, UNDER PRIVATE INSTRUCTION. 

Office of secretary, board of directors of the district 

(No ), township of , county of state 

of Iowa. 

191 

To 

Iowa : 

As provided in section 2, chapter 12 8, acts of the Twenty-ninth General Assembly, 
within ten days from the receipt of this notice you will please make a certified report 



SCHOOL LAWS OF IOWA 



191 



to this office stating the name and age of the child under your control now re- 
ceiving private instruction, and tlie period of time during which said child ha 

been under such private instruction within the preceding year, beginning 

19 and ending 191 . . . . 



Secretary. 
Postoffice. 



NUMBER 59— SECTION 2823-b. 

REPORT OF ATTENDANCE AND WORK IN PRIVATE OR PAROCHIAL SCHOOL OR UNDER PRIVATE 

TUTOR. 



Name of Pupil 



Date 
Enrolled 







studies 


Pursued 




















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NUMBER 60 — SECTION 2823-q. 

REPORT BY TEACHERS, COUNTY SUPERINTENDENTS, SCHOOL OFFICERS, OR EMPLOYEES, TO THE 
SECRETARY OF THE SCHOOL CORPORATION CONCERNING VIOLATIONS OF THE LAW FOR 
COMPULSORY EDUCATION. 



,191. 



To , Secretary of the Board of 

Directors of District (No ) township of , county 

of , state of Iowa : 

I hereby certify that I have reason to believe that and 

children between the ages of seven and fourteen years, are not attending school as 
required by the provisions of chapter 128, acts of the Twenty-ninth General Assembly 
providing for compulsory education. 



FORM 61. 

PETITION TO ESTABLISH AN INDEPENDENT DISTRICT UNDER SECTION 2794. 

To the Board of Directors of the Independent School District of j, County 

of State of loioa. 

Gentlemen : 

We, the undersigned, duly qualified voters of the town of 

County, Iowa, would respectfully represent that we reside in the 

town plat of said town and that we constitute more than per cent of 

the legal voters so residing, and that there are over one hundred persons residing within 
the limits of the aforesaid town of 

That we are desirous and do hereby petition your honorable body for the formation 
of an independent school district which shall include all of said town and also other 
territory contiguous thereto, hereby respectfully petition you to establish the boundaries 
of such proposed independent district as herein set out, viz : 
(Give description of boundaries.) 

We respectfully show and represent that we reside on the territory aforesaid, and 
we respectfully ask that all the territory situated within the limits of said town and 



192 SCHOOL LAWS OF IOWA 

boundaries above given be organized into one independent school district and that the 
question of such organization be submitted to the voters thereof, after due notice 
thereof has been given. 

FORM 62. 

PETITION FOR SEPARATE BALLOT. 
UNDER SECTION 2794. 

To the Board of Directors of the Independent School District of , 

County of , State of Iowa. 

We, the undersigned, respectfully petition your honorable body for the formation of 
an Independent School District w^hich shall include all the incorporated town of 

in County, Iowa, and also other territory 

contiguous to the said town and we do petition you to establish the boundaries of such 
proposed Independent School District as set out in the following, to-wit : 
(Give description of territory here.) 

We respectfully show and represent that we reside on the territory aforesaid outside 
of the above named platted town and that we constitute more than 25 per cent of 
the legally qualified voters so residing thereon. 

We respectfully ask that all the territory including the said town of 

situated within the limits and boundaries above given, be organized into one Inde- 
pendent School District and that the question of such organization be submitted to the 
voters upon said territory at a meeting of the voters thereon, after notice thereof, duly 

given, and that the voters residing outside the town of be permitted 

to vote separately on the aforesaid proposition, and all as provided by law. 



FORM 63. 

PETITION TO ESTABLISH A CONSOLIDATED INDEPENDENT SCHOOL DISTRICT. 

SECTION 279 4-a. 

To the Honorable Board of Directors of , Township 

of J County of , State of Iowa. 

Gentlemen : 

We, the undersigned, duly qualified voters of Township, 

County, Iowa, would respectfully represent that we reside on the 

territory of the proposed consolidated independent school district ; that there are not 
less than 16 sections contained in the proposed consolidated independent school district, 
also that we constitute more than one-third (1-3) of the electors residing thereon and 
that this petition setting forth the boundaries of the proposed district has been duly 
approved by the County Superintendent (Superintendents, if territory is in two counties) 
of County (or counties). 

That we are desirous of and do hereby petition your honorable body for the forma- 
tion of a consolidated independent school district, which shall include all contiguous 
territory herein set out, viz : 

(Give description.) 

We respectfully show and represent that we reside on the aforesaid territory and 
we hereby respectfully ask that all the territory situated within the limits herein de- 
scribed be organized into one consolidated independent school district and that the 
question of such organization be submitted to the voters upon said territory at a meet- 
ing of the electors thereon after due notice thereof has been given. 



FORM 64. 

driver's CONTRACT. 



FORM USED BT THE MARATHON, 10 WA, (CONSOLIDATED) SCHOOL BOARD. 

THIS AGREEMENT, Made and entered into by and between President 

of the Board of Directors of the Independent School District of Marathon in Poland 

township, Buena Vista county, Iowa, and , of Poland township, 

Buena Vista county, Iowa. 

Said covenants and agrees to transport the children of 

Route No to the Central School in Marathon, each day that school is in session 

during the school year beginning Said further agrees 

to comply with the following conditions : 

1. He will furnish a safe strong team with proper harness. 

2. He will furnish comfortable blankets and robes, sufficient for the best protection 
of the pupils while on the road. 

3. He will collect the pupils by driving over the route each morning as directed by 
the board, in time to convey the pupils to school so as to arrive at the school building 
not earlier than nine o'clock a. m. or later than 9 :10 a. m., waiting not longer than 
three minutes and blowing a whistle at each house. 

4. He will return the pupils to their homes, leaving the school house at 3 :30 p. m. 
or later as the board may determine. 



SCHOOL LAWS OF IOWA 193 

5. He will personally drive and manage the team, or provide a suitable driver 
satisfactory to the board, who will comply with all the conditions of this contract. 

6. He will refrain from the use of profane language in the presence of the pupils. 

7. He will not use tobacco in any form during the time he is conveying the pupils 
to and from school. 

8. He will avoid fast driving and racing with other teams, and stop before crossing 
the railroad and be sure that no train is coming and that it is safe and clear before 
attempting to cross. 

9. He will keep order among the pupils and report any improper conduct to the 
Superintendent. 

10. He will not allow the school wagons to be used for any other purpose, and 
report any damage to hacks to the Superintendent. 

11. Should a driver frequently arrive at the school house late in the morning or 
be late to start to return the pupils to their homes, unless for unavoidable reasons, he 
shall be fined the sum of $1.00 for each failure. 

In consideration of the said services, the said , President of tiie 

board in behalf of the Independent School District of Marathon hereby agrees to pay 

the said the sum of .dollars per month excepting it 

is herein agreed that the board shall retain one-half of the first month's wages until 

the close of the term of service of to insure the faithful performance 

of the terms of this contract. The Board of Directors reserves the right to terminate 
this contract at any time. 

The board reserves the right to change the route when they consider it necessary 
for the best interests of the patrons. In case of change $2.50 per month will be added 
for each additional mile added to the route. When the route is shortened $2.50 per 
month will be deducted for each mile taken from the route. 

The President of the school board agrees to furnish a safe strong wagon complete. 

IN TESTIMONY WHEREOF we have hereunto subscribed our names this day 

of 191... 

President Driver 



FORM 65. 

CERTIFICATE OF RESIDENCE. 

3t G. A., Ch. IJG. 

To Whom It May Concern : 

This is to certify that is of legal school 

age, and that he is a resident of District 

Township, County, State of Iowa, of which I am an 

officer. This certificate is given in accordance with Ch. 146, Laws of the 34th 

General Assembly, and with the full understanding that the said 

may attend any Iowa high school of his choice that will receive him, 

and that the average cost of tuition and average proportion of contingent expense 
shall be paid from the funds of this district, said expense not to exceed the 
average cost of tuition and average proportion of contingent expense in the near- 
est high school, which is 

President or Secretary. 

■t Address. 

Iowa. 
Date 191. .. 



13 



DECISIONS 



IN 



APPEAL CASES 



Compiled for the Use of Sctiool Officers 
and Directors 



EDITION OF 1911 



ALBERT M. DEYOE 

Superintendent of Public Instruction 



PREFACE. 



In compiling the following decisions of the Superintendent of Publi<! 
Instruction, it has been possible to select only a few; therefore such 
cases as have a decisive bearing upon important points of school law 
were chosen. 

There are many questions arising in the administration of these laws 
which the courts alone have power to decide. Questions involving the 
right and title to office, the interpretation and legality of contracts, all 
matters pertaining to the right to levy and collect taxes, the payment 
of money and all acts of the electors must be tried in court and may 
not be determined by appeal to the County Superintendent or to the 
Superintendent of Public Instruction. 

Many appeal cases are the outgrowth of differences arising over loca- 
tion of school houses. This may be eliminated very largely if school 
boards, in chosing locations, will carefully guard the rights of all in- 
volved. 

Rarely is it for the best interest of the schools that appeal cases 
should arise. The feeling engendered over such cases often destroys the 
good the schools might be doing. No case should be appealed except in 
times of grave injustice. Judicious advice given by the County Super- 
intendent will, if heeded, do much to lead to an amicable settlement of 
many difficulties. 

A careful study of the laws and decisions thereon by the school of- 
ficers will enable them to administer the laws more justly and intelli- 
gently. It will also make them more efficient in their offices and in 
many instances prevent unfortunate contests that frequently arise in 
school districts Avhich disturb the whole neighborhood and decrease the 
efficiency of the school — yet accomplish nothing in the end. 
December 1, 1911. A. M. DEYOE, 

Superintendent of Public Instruction. 



TABLE OF GASES 



Amsdeu v. Macedonia 265 

Amsterdam, Paine v 323 

Arnold v. Richland 312 

Arthur v. Fairway 222 

Bacon v. West Des Moines 289-291 

Badger, O'Connor v 239 

Baker, Martin v 275 

Baker v. Waukon 233 

Baxter v. Bear Grove 275 

Bear Grove, Baxter v 275 

Bear Grove, Messner et al. v 292 

Belmond, Thompson v 256 

Benson et al. v. Silver Lake 262 

Boomer, Remington v 208 

Brainard, Freeman v 311 

Brighton, Woods v 221 

Brown v. Van Meter 219 

Burrington, Moody v 210 

Burson, Wilkenson v. Center 320 

Byrne v. Struble 310 

Cedar, Miner v 205 

Center, Burson-Wilkiuson v 320 

Center, Folsom v 237 

Center, Sheafe v 250 

Center, Waskow v 314 

Charles City, Harwood v 214 

Claence, Tanner v 248 

Claxton V. Holmes 254 

Coburg, Erickson — Younggren v.. 317 

Colburn v. Silver Lake 229 

Cook, Hammer v 303 

Cormack v. Lincoln 227 

Crawford, Walker v 241 

Curry, Franklin v 201 

Davis V. Linn 244 

Davis V. Madison 209 

Deck V. Eden 235 

Des Moines, Handersheldt v 230 

Donald v. South Fork 225 

Eagle, Reed v 249 

Eden, Deck v 235 

Eldon, Taylor v 21 2 

Empire, Watkins v 245 

Engbers v. Richmond 307 

Erickson, Younggren v. Coburg. .317 

Exira, V/atson v 213 

Fairway, Arthur v 222 

Fallon, V. Fort Dodge 263 

Fieldberg, Severeid et al. v 257 

Folsom V. Center 237 

Forsythe v. Kirkville 253 



Fort Dodge, Fallon v 263 

Franklin, Curry v 201 

Franklin, Hancock v 305 

Franklin, Rush v 295 

Freeman v. Brainard 311 

Fremont, Hook v 207 

Glenwood, Rogness v 264 

Costing v. Lincoln 217 

Grant, Odendahl v 273 

Grove, McKee v 267 

hale v. Riverdale 286 

Hammery v. Cook 302 

Hancock v. Franklin 305 

Handersheldt v. Des Moines 230 

Hartford, Ingraham v 259 

Harwood, v. Charles City 214 

Heath v. Iowa 270 

Hiteman, Wilson v 301 

Holmes, Claxton v 254 

Hook v. Fremont 207 

Hubbard v. Lime Creek 216 

Hudgens v. No. 10 .278 

Ingraham v. Hartford 259 

Iowa, Heath v 270 

Jackson v. Steamboat Rock 271 

Jacoby v. Nodaway 226 

Jasper, Thompson v 220 

Johnston v. Sanborn 287 

Johnston v. Utica 243 

Jones v. Ocheyedan 297 

Kenworthy v. Oskaloosa 261 

Kirkville, Forsythe v 253 

Kletzing, v. Montour 279 

Lester, Sipple v 202 

Lime Creek, Hubbard v 216 

Lincoln, Cormack v 227 

Lincoln, Costing v 217 

Lincoln, Maxwell v 246 

Linn, Davis v 244 

Lodomillo, Rankin v 22S' 

Lytle v. Washington 299 

Macedonia, Amsden v 265 

Madison, Davis v 209 

Martin v. Baker 275 

Maxwell v. Lincoln 246 

McKee v. Grove 267 

McMillan v. Waveland 269 

Messner, Rigler v. Bear Grove.... 292 

Miner v. Cedar 205 

Monroe, Wilson v 223 

Montour, Kletzing v 279 



200 



SCHOOL LAWS OF IOWA 



Moody V. Burrington 210 

Munn V. Soap Creek 218-285 

Nodaway, Jacoby v 226 

No. Eight, Waskow v 314 

No. Seven, Webster v 252 

No. Ten, Hudgens v 278 

O'Connor v. Badger ' 239 

Ocheyedan, Jones v 297 

Odendahl v. Grant 273 

Oelke V. Spencer 293 

Oskaloosa, Kenworthy v 261 

Paine v. Amsterdam 323 

Park V. Pleasant Grove 232 

Peck V, Polk 208 

Pleasant Grove, Park v 232 

Polk, Peck v 208 

Randall v. Vienna 211 

Rankin v. Lodomillo 228 

Reed v. Eagle 249 

Remington v. Boomer 208 

Richmond, Engbers v 307 

Richland, Arnold v 312 

Riverdale, Hale v 286 

Rogness v. Glenwood 264 

Rush v. Franklin 295 

Sanborn, Johnston v 287 

Severeid et al. v. Fieldberg 257 

Sheaf e v. Center 250 

Shelby, Sutton v 294 

Silver Lake, Benson et al. v 262 



Silver Lake, Colburn v 229 

Sipple v. Lester 202 

Soap Creek, Munn v . .281-285., 

South Fork, Donald v 225 

Spencer, Oelke v 293 

Steamboat Rock, Jackson v 271 

Strubble, Byrne v 310 

Sutton V. Shelby 294 

Tanner v. Clarence 248 

Taylor v. Eldon 212 

Thompson v. Belmond 256 

Thompson v. Jasper 220 

Topping and Williams v. Union. . .302 

Union, Topping et al. v 302 

Utica, Johnston v 234 

Van Meter, Brown v 219 

Vienna, Randall v 211 

Walker v. Crawford 241 

Waskow V. No. 8, Center 314 

Watkins v. Empire 245 

Washington, Lytle v 299 

Watson V. Exira 213 

Waukon, Baker v 233 

Waveland, McMillan v 269 

Webster v. No. Seven 252 

West Des Moines, Bacon v 289-291 

Wilson v. Hiteman 301 

Wilson V. Monroe 223 

Woods V. Brighton 221 



SCHOOL LAW DECISIONS 



S. L. CuREY V. District Township of Franklin. 

Appeal from Decatur County. 

County Superintendent. Has no jurisdiction of an appeal until an affidavit 
is filed in his office. The appeal must be taken by affidavit. 

Affidavit. An affidavit is a statement in writing of the errors complained of, 
signed and made upon oath before an authorized magistrate. 

Jutjisdiction. An application for an appeal filed within thirty days from the 
act complained of will not give the county superintendent jurisdiction of the 
case. 

Notice. The county superintendent should not issue notice of final hearing 
until the transcript of the district secretary has been filed. 

Testimony. Unless obviously immaterial, testimony offered should be ad- 
mitted and given such weight as it merits. 

Discretionary Acts. Should not be disturbed except upon evidence of unjust 
exercise of discretion. 

December 16, 1867, at a special meeting of the board, a vote to change the 
boundaries of subdistricts so as to form a new subdistrict in accordance with 
the prayer of petitioners, resulted in a tie. From this virtual refusal to act, 
S. L. Curry appealed to the county superintendent, who on the thirty-first of 
the same month formed a new subdistrict. Appellant alleges in his affidavit 
that the county superintendent assumed jurisdiction of this case without war- 
rant of law, that there never was "at any time an affidavit or any other state- 
ment in said appeal case filed in the office" of the superintendent, hence the 
want of jurisdiction. 

The "act to provide for appeals," section two, provides that "The basis of 
•proceeding shall be an affidavit, filed by the party aggrieved, with the county 
superintendent, within the time allowed for taking the appeal." An affidavit is 
a statement in writing, signed and made upon oath before an authorized magis- 
trate. A county superintendent can have no proper jurisdiction of an appeal 
case until such affidavit has been filed. A notice of intention to file an affi- 



202 SCHOOL LAWS OF IOWA 

davit, a verbal cotnplaint, or a petition, is not sufficient to give the county 
superintendent, jurisdiction in appeal cases. The affidavit setting forth "the 
errors complained of in a plain and concise manner," must be in his hands 
before he is justified in commencing proceedings. The decision of the super- 
intendent recites that the affidavit was filed December 2l3t, which might be 
taken as conclusive, if it was not contradicted by the record. The transcript 
shows that said affidavit was not subscribed and sworn to until December 28th, 
hence we do not clearly see how it could have been filed on the 21st. 

December 24th, four days before the affidavit was made, and which appellant 
alleges was never filed with the superintendent, said superintendent gave no- 
tice to the parties that the hearing would take place on the 30th. This pro- 
ceeding, as an appeal case, was entirely unauthorized by lav/, and as he com- 
menced proceedings in disregard of the plain provisions of the law and without 
legal jurisdiction, his decision is annulled. It may be said, and not without 
authority, that as both parties responded to the notice, and came before the 
superintendent, he thereby acquired jurisdiction, but we feel unwilling to 
sanction disregard of law by approving such great irregularities. 

Without touching the real merits of the questions at issue, the formation of 
a new subdistrict, which we are willing to leave to the local authorities, we 
refer briefiy to three points of law raised by appellants. 

The county superintendent should not issue notice of final hearing until 
both the affidavit and the transcript of the secretary have been filed in his 
office. 

Though the change of subdistrict boundaries by the board is a discretion- 
ary act, it may be reviewed by the county superintendent, on appeal, but the 
decision of the board should not be disturbed unless said discretionary power 
has been abused or exercised unjustly. 

The county superintendent should have received the remonstrances offered 
on trial in evid*J'?ipe, and exercised his judgmmnt as to their weight and value. 

Reversed. 
D. FRANKLIN WELLS, 

March 26, 1868. Superintendent of Public Instruction. 



Elias Sipple v. District Township of Lester. ' 

Appeal from Black Hawk Countif. 

Testimony. At the hearing of an appeal, it is competent for the county super- 
intendent, upon his own motion, to call additional witnesses to give testimony. 

Records. In the absence of the allegation of fraud, testimony to contradict 
or impeach the records of the district cannot be received. 

Records. The board may at any time amend the record of the district, when 
necessary to correct mistakes or supply omissions. And it may upon proper 
showing be compelled by mandamus to make such corrections. 

Affidavit. The affidavit answers its leading purpose if it sets forth the errors 
complained of with gueb clearness that the proper transcript may be' secured. 



SCHOOL LAWS OP IOWA 203 

At the regular meeting of the board held September 16, 1867, attended by 
four of the seven members, motions were made and seconded for the creation 
of two new subdistricts whose boundaries were described in the motions. In 
regard to the action on these motions the record of the secretary contains 
merely the word "carried." At a special meeting, held February 15, 1868, the 
action of the board in September in relation to the formation of new sub- 
districts was "reconsidered" and "rescinded." From the February action 
Elias Sipple appealed to the county superintendent. During the progress of 
the hearing, which toolc place March 20, 1868, the county superintendent called 
upon one of the four members that attended the September meeting, who 
testified that he did not vote for the motion to create a new subdistrict. As it 
thus appeared that the new subdistricts were not established by a vote of a 
majority of all the members of the board, as required by law, and as said 
September action was rescinded at a full meeting of the board in February, 
the county superintendent, considering the formation of the subdistricts illegal 
and void, dismissed the appeal. From this decision Barney Wheeler appeals. 

Appellant alleges substantially that the county superintendent erred as 
follows: In himself calling a witness to give testimony; in receiving testimony 
to impeach the district record, which is claimed to be valid and binding after 
thirty days; in dismissing the appeal; in not establishing the subdistricts. 

The law requires the county superintendent to give a "just and equitable" 
decision, and as the calling of additional witnesses may sometimes enable him 
to discharge this duty more faithfully, his action in this respect is sustained. 

The second error assigned really includes two distinct points, which will be 
considered separately; and first, in regard to the impeachment of the district 
record. The law provides for an annual meeting of the electors of the district 
township, and for semi-annual and special meetings of the board of directors; 
also that "the secretary shall record all the proceedings of the board and dis- 
trict meetings in separate books kept for that purpose." It is a general prin- 
ciple of law that "oral evidence can not be substituted for any instrument which 
the law requires to be in writing, such as records, public documents," etc. 1 
Greenleaf's Evidence, § 86. "It is a well-settled rule that, where the law re- 
quires the evidence of a transaction to be in writing, oral evidence cannot be 
substituted for that, so long as the writing exists and can be produced; and 
this rule applies as well to the transactions of public bodies and oflScers as 
to those of individuals." The People v. Zeyst, 23 N. Y.., 142. In the case of 
Taylor v. Henry, 2 Pick., 397, the supreme court of Massachusetts held that 
an omission in the records of a town meeting could not be supplied by parol 
evidence. Chief Justice Shaw, in discussing the case, said that it would be 
"dangerous to admit such a proof." Mr. Starkie, in his valuable treatise on 
evidence, says: "Where written instruments are appointed either by the im- 
mediate authority of the law or by the compact of the parties, to be the per- 
manent repositories and testimony of truth, it is a matter both of principle 
and policy to exclude any inferior evidence from being used either as a substi- 
tute for such instruments or to contradict or alter them; of principle, because 
such instruments are, in their own nature and origin, entitled to a much 
higher degree of credit than that which appertains to parol evidence; of policy, 
because it would be attended with great mischief and inconvenience, if those 



204 SCHOOL LAWS OF IOWA 

instruments upon which men's rights depend were liable to be impeached and. 
controverted by loose collateral evidence." Starkie, part IV, page 995, volume 
III, 3d Am. Ed. 

The reason of the rule upon which the courts agree with such entire 
unanimity applies with force in the case now under consideration. The records 
of the district and board meetings contain a statement of the regulations 
adopted, and the acts done in the exercise of the powers with which the re- 
spective bodies are invested by the law. They present to all the citizens of 
the district township, in a permanent form, certain and definite information 
which could be obtained, with equal certainty, in no other way. Memory is 
defective, but the secretary records the transactions as they occur. The actors 
change from year to year, but the record is permanent. And though the ad- 
mission of oral testimony to alter a record or supply an omission therein 
might sometimes promote the attainment of justice, the prevalence of such a 
practice would result in more evil than good. It is held, therefore, that in 
the absence of alleged fraud the county superintendent errs, in admitting parol 
evidence to contradict or impeach the record of the September meeting of the 
board. 

In regard to the other part of the second point a few words will suffice. 
The counsel for appellant urges that though the record of the September meet- 
ing was imperfect, the lapse of thirty days made the record valid and binding 
upon the district. It is true that the right to take an appeal to the county 
superintendent expires after thirty days, but I am unable to see how the lapse 
of time will validate what was before invalid. The secretary is the proper 
custodian of the records of the school district, and before the record of the 
proceedings of the board has been approved or adopted by the board, the secre- 
tary may amend them by supplying omissions, or otherwise correcting them. 
After they have been approved they may be amended and corrected by direc- 
tion of the board, even after the lapse of thirty days. In Massachusetts a town 
clerk is permitted to amend the record in order to supply defects, even after 
a suit involving a question respecting them has been commenced. I am of the 
opinion that if the secretary or board of directors decline to make necessary 
corrections in the record, that a party interested may proceed by mandamus 
to compel the correction. If the record is to be impeached, it must be, in the 
absence of fraud, by a direct proceeding instituted for that purpose, and not by 
a collateral or indirect method. The People v. Zeyst, 23 N. Y., 147-8. 

The district record in this case is not as full as it might with propriety be. 
The law provides that the boundaries of subdistricts shall not be changed ex- 
cept by the vote of a majority of the members of the board. The record fails 
to show that this requirement of the law was complied with at the September 
meeting. The secretary says that the motion to redistrict "carried." This is 
his opinion, but he fails to give the fact upon which it is based. Four of the 
seven members were present, but he does not say who, or how many voted for 
the change. Properly this should have been stated. When, however, the dis- 
trict record declares that a motion was "carried," the law will presume that 
it was carried in accordance with the requirements of the statute; though 
there is reason to believe that the presumption in this instance is a violent one. 
It follows that there was no legal evidence that the subdistricts were not 



SCHOOL LAWS OF IOWA 205 

established in accordance with law; hence, the conclusion is inevitable that 
the county superintendent erred in dismissing the appeal for the cause as- 
signed. 

At the commencement of the trial and again during its progress, the de- 
fendant moved the county superintendent to dismiss the case on account of the 
insufficiency of the affidavit. The affidavit of Mr. Sipple is not as full as it is 
usual to make affidavits in such cases, yet it "set forth the errors complained 
of" with such plainness and conciseness as enabled the county superintendent 
to obtain the necessary transcripts, and this is all the law really requires. It 
has not been customary heretofore to force any particular form of affidavit, 
and the superintendent's ruling refusing to dismiss on defendant's motion is 
sustained. 

As the testimony appears not to have been all in when the case was dis- 
missed by the county superintendent, no opinion can be given in regard to the 
propriety or necessity of establishing the proposed new subdistricts. The case 
is therefore returned to the county superintendent, who will proceed with the 
hearing, first allowing a reasonable time for the correction of the district 
record or for the enforcement of its correction should such correction be 
deemed necessary by either of the interested parties. Should the district 
record be amended so as to show conclusively that the said subdistricts were 
not legally formed at the said meeting in September, it will follow that the 
said subdistricts never had a legal existence, and that the plaintiff could not be 
aggrieved by the action of the February meeting, hence the county superin- 
tendent will determine the case in favor of the appellee. Should said record 
not be amended, or should it be amended so as to show clearly that said sub- 
districts were established in all respects in conformity with law, the question 
of establishing the new subdistricts, or more properly retaining their organiza- 
tion, will be determined upon its merits. 

Reveesed. 
D. FEANKLIN WELLS, 

July 23, 1868. Superintendent of Public instruction. 



E. J. MiNEE V. District Township of Cedar. 
Appeal from Floyd County. 

Contested Election. The proper method of determining a contested election 
for school director is by an action brought in the district court. 

Election. The certificate of the officers of the subdistrict meeting is the legal 
evidence of election as subdirector, and as a general rule a board of directors is 
justified in declining to recognize a person as a member of the board until he 
produces such certificate. 

Evidence. Where the law requires the evidence of a transaction to be in writ- 
ing, oral evidence can be substituted only if the writing cannot be produced. 

Quo Warranto. The remedy of a person denied possession of an office to 
which he has been chosen is an action in court. 



206 SCHOOL LAWS OF IOWA 

At the regular meeting of the board in March, 1868, E. J. Miner appeared 
and filed his oath of office as subdirector of subdistrict number three, and 
claimed recognition as a member of the board. The said Miner failed to pre- 
sent the certificate of the officers of the subdistrict meeting, or any other evi- 
dence of his election except his own verbal statement. It was alleged in the 
board that he was not legally elected. Under these circumstances the board 
refused him a seat ajid recognized his predecessor as holding over. From this 
order the said Miner appealed to the county superintendent, who, after a full 
hearing of the manner in which the election was conducted, reversed the order 
of the board and directed that the said Miner should be recognized as sub- 
director of subdistrict number three and as a member of the board of directors. 
From this decision an appeal is taken by A. J. Sweet, president of the board. 
The above are but a small portion of the facts presented in the well arranged 
transcript of the county superintendent, but yet all that are material to the 
issues involved. 

The case presented by these facts is similar to that of Ockerman v. District 
Township of Hamilton, page 77, School Law Decisions of 1868, and must be 
governed by the same principles. It was there held that the only proper way 
of determining a contested election or the right of exercising any public office 
or franchise is by an action in the nature of quo warr^anto brought in the 
district court. It seems unnecessary to repeat the arguments there used. 
Eeference is made to that case, as well as to the 19 Iowa, 199; 18 Iowa, 59; 16 
Iowa, 369; 17 Iowa, 365; and the other cases there cited. The principle 
involved in the preceding references was recognized by the county superintend- 
ent, when he said in his decision that "the board of directors has no jurisdic- 
tion to inquire into the legality of the election of its members." When this just 
conclusion was reached the case should have been dismissed, for the county 
superintendent can do on appeal only what the board itself might legally have 
done. 

The county superintendent held that as the president of the subdistrict 
meeting refused to sign a certificate of election for the said Miner, the 
board might receive other evidence of his election. In this the county super- 
intendent departed from well established legal principles. The school law 
provides that at the meeting of the electors of the subdistrict on the first 
Monday in March "a chairman and secretary shall be appointed, who shall 
act as judges of the election and give a certificate of election to the sub- 
director elect." It is a well-settled rule that where the law requires the evi- 
dence of a transaction to be in writing, oral evidence cannot be substituted 
when the writing can be produced; this rule applies alike to transactions of 
public bodies, officers and individuals. 

There can be no doubt that the law contemplates that the certificate of the 
officers of the subdistrict meeting shall be the legal passport to a seat in the 
board, and that, as a general rule, a board of directors is justified in declining 
to recognize a person as a member of the board until such certificate is pro- 
duced. If the certificate has been given and lost, the accident may be remedied 
by other testimony. If illegally withheld, the officer may be coerced by man- 
damus to furnish it. If it has been fraudulently given, the law still prdvides 
a remedy. 



SCHOOL LAWS OF IOWA 207 

By the li.glit of the previous principles it is evident that when, under the 
circumstances, the county superintendent proceeded to investigate the rights 
of the plaintiff as a school director, he exceeded his jurisdiction, and that his 
decision must therefore be overruled. The law requires that the plaintiff, 
Miner, shall seek his remedy in the courts. The decision of the county super- 
intendent is therefore reversed and the case dismissed. Reversed. 

D. FRANKLIN WELLS, 

July 29, 1868. Superintendent of Public Instruction. 



N. R. Hook v. Independent District of Fremont. 
Appeal from Mahaska County. 

School Privileges. Are not acquired by temporary removal into a district for 
the purpose of attending school. 

At a meeting of the board an order was made excluding one George Check 
from school. From this order Dr. N. R. Hook, with whom the boy was at the 
time living, appealed to the county superintendent, who affirmed the order of 
the board, and Hook again appealed. 

The ground upon which the boy was debarred from school was that he was 
not a b07ia fide resident of the district, and this is fully sustained by the cir- 
cumstances of the case as shown by the weight of the evidence as adduced 
before the county superintendent. The apparent primary purpose of George 
Check in going to live with Dr. Hook was that he might attend the school at 
Fremont, and after the term of school should expire his further continuance 
at Hook's would be uncertain. He did not go there with the intention of re- 
maining, but the intention to return to his father's house seems to have been 
manifested in the contract or agreement made with Hook. 

Counsel for appellant argues that the law should not be technically con- 
strued, but that it should receive a liberal construction, and in this he is 
correct. It should receive such a construction as that all the youth of the 
state, without regard to race or condition in life, can with equal facility par- 
ticipate in the benefits of our free schools. There is evidence that the schools 
in Fremont are so crowded that many of the youth of the district are unable 
to gain admission, and the law gives to them the prior claim. The board 
should see that the children of the district are first accommodated, and then, 
if not detrimental to the interests of the school, it may admit, in its discretion, 
those from outside districts upon such terms as it may agree. 

Believing that the county superintendent properly sustained the board of 
dirctore, his decision is hereby Affirmed. 

A. S. KISSELL, 

May 1, 1870. Superintendent of Public Instruction. 



208 SCHOOL LAWS OF IOWA 

Z. W. Remington v. District Township op Boomer. 

Appeal from Pottaicattamie County. 

Jurisdiction. The county superintendent does not have jurisdiction of cases 
involving a money demand. 

School Orders. When improperly issued, a proper remedy is injunction. 

On the 12th day of October the board met in special session and made a 
settlement with one L. S. Axteil, who was the contractor for the erection of 
certain schoolhouses in said district township. From the action of the board 
Z. W. Remington appealed to the county superintendent, who dismissed the 
appeal upon the ground that the settlement with Axtell was for a money de- 
mand, and therefore involved a question over which he could exercise no juris- 
diction. Remington again appeals. 

If there was anything wrong in the action cf the board issuing orders in 
favor of Axtell for the payment of his claim for building the schoolhouses that 
would render them invalid, his remedy, if any, would have been by injunction 
to restrain the payment of such orders, or by some other proper action in the 
civil courts, and not by appeal to the county superintendent, as the latter 
tribunal is net clothed by the statute with the authority to inquire into or de- 
termine the validity of school orders. The county superintendent, therefore, 
very properly decided to dismiss the appeal, and his order in the case is hereby 

Affirmed. 
A. S. KISSBLL, 

May 17, 1870. Superintendent of PuMic Instruction. 



W. D. Peck et al v. District Township of Polk. 

Appeal from Jefferson County. 

Subdistricts. Should be, if possible, compact and regular in form. In well 
populated district townships two miles square is considered a desirable area. 

ScHOOLHOusE SiTES. It is important that a schoolhouse site be located on a 
public road, and as near the center of a subdistrict as practicable. 

It appears from a transcript in this case that the board, on the presentation 
of a petition from the majority of the inhabitants of subdistrict number eight, 
issued an order attaching a strip on the northeast from subdistrict number 
seven to number eight, relocating the schoolhouse site, and arranging for the 
removal of the schoolhouse from the present site to said new location. From 
this action of the board an appeal was taken to the county superintendent, 
who sustained the action of the board, and from his decision an appeal is taken 
to this tribunal. 

The trial before the county superintendent developed that the board has in 
contemplation the redistricting of the entire township into subdistricts two 



SCHOOL LAWS OF IOWA 209 

miles square, and that the order providing for the change of boundaries in 
au'briistrict number eight is the initiatory step in that direction. The sub- 
district in question, previous to the order, had very irregular boundaries; and 
except tl.at the district is too large for convenience without further change 
in the boundaries there would seem to be every reason for attaching the strip 
from number seven. That being attached, the change of location and the 
removal of the sohoolhouse to a site occupying the geographical center of the 
subdistrict with its changed boundaries must follow of course. Besides this, 
there seems to be the additional good reason for the change of location for the 
schoolhouse site: the present site is not on a public road; the one in pros- 
pect is, and as all the territory is in a condition to be easily and rapidly set- 
tled, the new site will, with the additional change in contemplation, be the 
exact geographical center of the subdistrict. 

The action of the board in this case is manifestly of a discretionary char- 
acter, and I can see nothing in the testimony that would induce the belief 
that it has in any way exceeded its prerogative or abused its discretion. The 
decision of the county superintendent is therefore Affirmed. 

A. S. KISSELL, 

February 4, 1871. Superintendent of Puhlic Instruction. 



W. P. Davis v. District Township of Madison. 

Appeal from Fremont County. 

Contracts. Made by a committee, require the approval of the board in ses- 
sion. 

School Funds. The treasurer is the proper custodian of all funds, and may 
legally pay them out only upon orders specifying the fund upon which they 
are drawn and the specific use to which they are applied. 

Subdirectob. The subdirector may expend money in his subdistrict only in 
the manner authorized by the board. 

Claims. Just claims against the district can be enforced only in the courts. 

Mandamus. Is a remedy if the board refuses to carry out a vote of the electors. 

Subdistrict. A subdistrict is not a corporate body, and has no control of any 
public fund. 

The electors on the eleventh day of March, 1871, voted a tax of two and 
one-half mills on the taxable property of the district township for schoolhouse 
purposes, and directed that three hundred dollars of the amount thus raised 
should be used for the erection of a schoolhouse in subdistrict number nine. 

March 20, 1871, W. P. Davis, subdirector of subdistrict number nine, was 
appointed a committee to build a schoolhouse in said subdistrict. The house 
having been completed, at a special meeting of the board held June 1, 1872, it 
was moved that the report of the committee be received and the schoolhouse 

14 



210 SCHOOL LAWS OF IOWA 

be accepted; also, that the secretary be instructed to draw an order on the 
treasurer for three hundred dollars for subdlstrict number nine. Both mo- 
tions were lost, from which action the said W. P. Davis appealed to the county 
superintendent, who on the ninth day of August, 1872, reversed the action of 
the board. The district township, through its president, W. H. Gandy, appeals. 
The history of this case very fully illustrates the loose and irregular man- 
ner in which school officers too frequently transact official business. Section 
15 of the School Laws provides that the board "shall make all contracts, pur- 
chases, payments, and sales necessary to carry out any vote of the district, 
but before erecting any schoolhouse they shall consult with the county super- 
intendent as to the most approved plan of such building." 

If the contract is made by a subdirector or committee of the board, it 
should in all cases be approved by the board before work is commenced. 

A misapprehension often exists as to the manner in which school funds 
should be disbursed. The treasurer is the proper custodian of all funds be- 
longing to the district township and the law provides that he "shall pay no 
order which does not specify the fund on which it is drawn, and the specific 
use to which it is applied," that is, for work done, material furnished, or 
the like. 

The board is also required to "audit and allow all just claims against the 
district, and no order shall be drawn on the district treasury until the claim 
for which it is drawn has been so audited and allowed." This rule applies 
equally where funds are voted by the district township for the purpose of build- 
ing schoolhouses in particular subdistricts, also where taxes have been raised on 
the property of subdistricts, in accordance with the proviso of section 28. 
Such funds, or so much of them as may be required to carry out the vote of 
the electors, should be devoted to the specific object for which they were 
voted, but the disbursement should, in all cases, be under the direction and 
authority of the board. Boards have no authority to give subdirectors money 
to use in their subdistricts for building schoolhouses or any other purpose, 
nor subdirectors to use money so received. A subdistrict is not a corporate 
body and has no control of any public fund. 

If Mr. Davis has a just claim against the district township of Madison 
which the board refuses to allow, or if the board refuses to apply the amount 
voted by the electors to the specific object for which it was designed, the 
erection of a schoolhouse in subdistrict number nine, the civil courts, only, 
can furnish a means of redress. Reversed. 

ALONZO ABERNETHY, 

October 30, 1872. Superintendent of Piil)tic Instruction. 



W. J. Moody v. H. H. Buekington, County SuPsatiNTENDENT. 

Appeal from Bremer County. 

Ceetificate. The county superintendent may refuse to entertain a petition 
for the revocation of a teacher's certificate. 



SCHOOL LAWS OP IOWA 211 

Appeal. An appeal may be taken from the refusal of the county superin' 
tendent to investigate charges brought against a teacher. 

DiscBETiONABY AcTS. The decision of the authority having original jurisdiction 
is entitled to much consideration. 

A petition containing charges against a teacher was presented to H. H. Bur- 
rington, county superintendent, asking an investigation of the charges, and the 
revocation of her certificate. The county superintendent refused to make the 
investigation as requested by the petitioners, and W. J. Moody appeals. 

The question "whether an appeal will lie from the refusal of the county 
superintendent to investigate charges brought against a teacher, has not been 
to our knowledge before determined. Since it is held that an appeal may be 
taken from an action of the board refusing to perform a discretionary action, 
we see no reason why appeal will not lie from a similar action of the county 
superintendent. 

In the case before us, statements testifying to the moral character and 
good reputation of the teacher are made by reliable and disinterested parties, 
who have been intimately acquainted with her for several years past; and it is 
believed that, in no instance, is the judgment and discretion of a local tribunal 
entitled to more consideration than in this case. Aifirmeh). 

ALONZO ABERNETHY, 

July 10, 1873. Superintendent of Public Instruction. 



J. W. Randall v. Disteict Township of Vienna. 

Appeal from Marshall Cov/nty. 

ScHOOLHOusE. The 'board may legally remove a schoolhouse from one subdis- 
trict to another only by vote of the electors. 

Schoolhouse. When the electors have voted to remove a schoolhouse from one 
subdistrict to another the board must execute such vote, and from its action 
in so doing no appeal can be taken. 

Injunction. The execution of a fraudulent vote of the electors may be pre- 
vented by a writ from a court of law. 

At the district township meeting held the second Monday in March, 1873, 
it was voted to remove the schoolhouse situated in subdistrict number four 
into subdistrict number three. On the seventeenth day of March, the board 
ordered the removal of the schoolhouse, in accordance with said vote of the 
electors. From this action, appeal was taken to the county superintendent, 
who reversed the action of the board. The district township, through its 
president, appeals. 

Section seven, School Laws of 1872, provides that the electors shall have the 
pov'sr "to direct the sale, or other disposition to be made of any schoolhouse"; 
also "to vote such tax, not exceeding ten mills on the dollar in any one year, on 



212 SCHOOL LAWS OF IOWA 

the taxa'ble property of the district township, as the meeting Bhall deem suffi- 
cient for the purchase of grounds and the construction of necessary schoolhouses 
for the use of the respective suhdistricts." Section fifteen provides that the 
board "shall make all contracts, purchases, payments and sales necessary to 
carry out any vote of the district." Section sixteen provides that the board 
"shall fix the site for each schoolhouse." 

From the law as above quoted, we understand that the electors may vote a 
tax for the erection of a schoolhouse in any particular subdistrict, or may direct 
the removal of one already built, from a subdistrict, and that the board deter- 
mines the site within a subdistrict, but has no authority to remove a school- 
house from a subdistrict without affirmative action of the electors, such action, 
however, being taken, the board must execute their vote, if in accordance with 
law. From the action of the board in thus executing the vote of the electors no 
appeal can be taken. If the vote of the electors is contrary to law, its execution 
may be prevented by injunction; if unwise, the electors, themselves, must bear 
the consequences. Reversed. 

ALONZO ABERNBTHY, 

July 11, 1873. Superintendent of Puilic Instruction. 



D. K. Taylor v. Independent District of Bldon. 

Appeal from Wapello County. 

Appeal. Appeal may. not be taken from an action or order complying with the 
terms of a contract previously made, nor from an action authorizing the issu- 
ance of an order in payment of a debt contracted by previous action of the 
board. 

Appeal. A case whose main purpose is to determine the validity of an order 
on the district treasury, or the equity of a claim, cannot be entertained on ap- 
peal to the county superintendent. 

School Funds. The courts of law alone can furnish an adequate remedy, if 
the law has been violated and the money of the district has been misappro- 
priated. 

From the transcript, it appears that on the third day of December, 1873, the 
board passed an order authorizing the payment of five per cent commission for 
negotiating the district bonds, and on the same day another authorizing D. P. 
Stubbs to negotiate said bonds. On the third day of February, 1874, the board 
passed an order instructing the president and secretary to draw an order for 
ninety dollars on the district treasury in favor of said D. P. Stubbs, for services 
rendered in negotiating said bonds, in accordance with the previous action of 
the board on December 3, 1873. From the action of the board in issuing said 
order of ninety dollars, this appeal was taken. The county superintendent dis- 
missed the case, on the ground that it was an action authorizing the payment of 
money, and a decision thereon would be equivalent to rendering a judgment for 



SCHOOL LAWS OF IOWA 213 

money, which is prohibited by the provisions of section 1836. D. K. Taylor again 
appeals. 

Appeal may be taken from any action of tlie board which authorizes the mak- 
ing of a contract, but not from a subsequent action or order complying with the 
terms of a contract previously made, nor from an action authorizing the issu- 
ance of an order in payment of a debt contracted by a previous action. 

The order appealed from in this case is not a new action of the board, but 
a necessary result of the order of December 3, 1873. If the first action was legal 
and proper, the last is both proper and necessary, the services having been 
performed. Any interested party might have appealed at the proper time, from 
the action of December 3, 1873, authorizing the payment of five per cent com- 
mission for negotiating bonds or authorizing the appointment of an agent there- 
for. But the time for an appeal, thirty days, having expired, appeal can not 
now be taken from the subsequent action, which is simply carrying out its pre- 
vious action, and the terms of the contract made thereunder. 

To determine the validity of an order on the district treasury, or the equity 
of a claim, is equivalent to the rendition of a judgment for money, and a case 
whose sole purpose is to determine this question can not be entertained on ay- 
peal. The courts of law alone can furnish an adequate remedy, if the law has 
been violated, or the interests of the district have suffered by the making of 
contracts or the issuing of orders for money on the treasury. 

Affiemed. 
ALONZO ABERNETHY, 

May 5, 1874. Superintendent of Public Instruction. 



E. Watson v. Disteicx Township of Exiba. 

Appeal from Auduhon County. 

Punishment. The punishment of a pupil with undue severity, or with an im- 
proper instrument, is unwarrantable, and may serve in some degree to indicate 
the animus of the teacher. 

Punishment. In applying correction, the teacher must exercise sound discre- 
tion and judgment and should choose a kind of punishment adapted not only to 
the offense, but to the offender. 

Charges were preferred against E. E. Watson for harsh and unreasonable 
punishment of a pupil, and upon investigation the teacher was discharged. From 
this action of the board he appealed to the county superintendent, who reversed 
its action, and the district appeals. 

From the evidence, it appears that the pupil upon whom the punishment was 
inflicted was a boy thirteen years of age, and that the offense was such that 
punishment was deserved. The instrument selected was a hickory stick, three- 
fourths of an inch in diameter at one end, and one-half inch at the other, and 
fifteen or eighteen inches long. The punishment was inflicted by striking upon 
the palm of the hand from eight to twelve strokes. It appears that the boy's 
hand was thereby disabled for some days. 



214 SCHOOL LAWS OP IOWA 

It is alleged by the teacher that the punishment was inflicted for the good 
of the school, and that it was without malice on his part. We consider the selec- 
tion of such an instrument for the punishment of a pupil injudicious, unwarrant- 
able, and dangerous, and that the consequences might be fraught with the grav- 
est results, and that such selection may Berve in some degree, to indicate the 
animus of the teacher. Reveesed. 

ALONZO ABERNETHY. 

June 6, 1874. Superintendent of Public Instruction. 



Sanford Harwood v. Independent District of Charles City. 

Appeal from Floyd County. 

Punishment. The right of the parent to restrain and coerce obedience in chil- 
dren applies equally to the teacher or to any one who acts in loco parentis. 

Rules and Regulations. Boards of directors and their agents, the teachers, may 
establish reasonable rules for the government of their schools. 

Rules and Regulations. The teacher has the right to require a pupil to answer 
questions which tend to elicit facts concerning his conduct in school. 
Rules and Regulations. The pupil is answerable for acts which tend to produce 
merriment in the school or to degrade the teacher. 

Rules and Regulations. Open violation of the rules can not be shielded from 
investigation under the plea that it invades the rights of conscience. 

Board of Directors. The board shall be sustained in all legitimate and .reason- 
able measures to maintain order and discipline, to uphold the rightful authority 
of the teacher, and to prevent or suppress insubordination in the school. 

This case involves the right of a teacher to require a pupil to answer ques- 
tions concerning his conduct in school, or to testify against himself. 

Burritt Harwood, a member of the high school department, having broken 
certain rules of the school, was suspended by the superintendent for refusing to 
answer a question relating thereto. The pupil's father petitioned the board to 
restore the pupil. The board, having investigated the facts, adopted the follow- 
ing: "Resolved, That the school board sustain Prof. Shepard in his suspension 
of Burritt Harwood; provided, Burritt Harwood be reinstated if he answer the 
question, for the refusal to answer which he was suspended, subject to such 
further action as may "be taken by the principal or school board for making and 
circulating the caricature." The president and four other members voted for, 
and one against the resolution. From this action of the board, S. Harwood ap- 
pealed to the county superintendent, who reversed its action. The board ap- 
peals. 

The power of the parent to restrain and coerce obedience in children can 
not be doubted, and it has seldom or never been denied. This principle applies 
equally to the teacher or to any one who acts in loco parentis. Boards of direc- 
tors, and their agents, the teachers, may establish all reasonable and proper 
rules for the government of schools, and to control the conduct of pupils attend- 



SCHOOL LAWS OF IOWA ?15 

ing the same. "Auy rule of the school not subversive of the rights of the chil- 
dren or parents or In conflict with humanity and the precepts of divine law, 
which tends to advance the object of the law in establishing public schools, must 
be considered reasonable and proper." Burdiclc v. B^itcoch, 31 Iowa, 562. 

The superintendent had occasion to leave the high school in charge of his 
assistant while he should attend to official duties elsewhere. On hip return, 
about 4 p. m., the assistant reported that there had heen much disorder on the 
part of some of the pupils, and that she required several of the pupils to remain 
and report their misdemeanors to the superintendent. Burritt Harwood, being 
called upon, said in substance: "I have two misdemeanors to report: I threw 
snow in the lower hall during recess, and I passed a piece of paper across the 
aisle to my brother's desk." Both are recognized as violations of the rules of 
the school. The nature and magnitude of the first are readily discernible, and 
need no further investigation; not so of the second; much depends upon the 
character of the "piece of paper," whether simply blank paper or containing writ- 
ing or other marks. Being asked to state the nature of the paper, he at first 
answered evasively. Being further questioned, replied that it was "pictorial," 
that it was a "burlesque or caricature," that "it represented the schoolhouse and 
some person or persons," that "the person or persons represented were connected 
with the school." The question, "whom he had intended to burlesque," after 
some hesitation he declined to answer. For this act of disobedience he was sus- 
pended. 

The question which he refused to answer appears to differ in no essential 
feature from those previously answered. By it the teacher simply sought to 
discover an additional fact in connection with the case. If he had a right to 
ask the former, he had the latter. If there is any reason why the pupil had 
the right or should claim the privilege of declining to answer the last, he should 
have stated it. Certainly no good reason appears from the nature of the of- 
fense, and the degree of punishment which it merited depended upon the infor- 
mation which the teacher sought to obtain by this and the previous question. 
If the paper contained simply the solution of a problem or something connected 
with his lesson, it merited one degree of punishment; if its purpose was to cre- 
ate merriment among the pupils, thus diverting their attention from their stud- 
ies, it required another degree; if by it the pupil sought to bring ridicule upon 
a teacher, to the prejudice of good order and government of a school, still an- 
other; each would be a violation of the rules, but not each equally punishable. 
The claim of appellee that it was an attempt to pry into the secrets of the heart, 
and was a violation of the right of conscience, is scarcely sustained by the facts. 
The question, "whom did you intend to represent?" is essentially equivalent to 
"whom did you represent." Its purpose evidently was not to find out the 
thought cr intent, but the act of the pupil. The question was simply what was 
the character of the picture drawn and circulated to the disturbance of the 
school. It does not appear how the rights of conscience would be violated in 
answering the question. It may be true that the picture itself, if produced, 
would furnish the best evidence, but the teacher clearly had the right, in its 
absence, and knowing nothing of its nature beyond what the pupil had already 
revealed to seek this information directly and immediately by proper questions. 
Nor can the pupil shield himself under the provisions of the law that a prisoner 



2ie SCHOOL LAWS OF IOWA 

at the bar can not be compelled to answer questions which will tend to render 
him criminally liable or expose him to public ignominy. He is, in no proper 
sense, accused of crime before a court of law, authorized to sit in judgment under 
a criminal code. 

The picture, which was afterward produced, reveals anything but a right 
spirit in the pupil. Probably no one who has seen it doubts that it is a coarse 
caricature of the superintendent and his assistant. His refusal to answer was 
evidently not that he could not conscientiously do so, nor that it would tend to 
criminate himself, but was a deliberate act of insubordination. All the attendant 
circumstances, the evasive and studied replies to the superintendent's questions, 
the caricature itself, and its circulation through the school during the absence 
of the superintendent, together v/ith a previous malicious caricature of the same 
nature, all reveal a disregard for the regulations of the school, the respectful 
conduct due from a pupil, and an animus toward the teacher anything but proper. 

In our opinion, unnecessary stress was laid, in the trial before the super- 
intendent, upon the technical ground of suspension by the superintendent. The 
board having had the whole subject under investigation, including statements 
of the offenses from both the superintendent and the pupil, sustained the super- 
intendent, or in other words, suspended the pupil conditionally from the school, 
as it probably had a right to do for any one of the offenses named. This being 
a discretionary act, due weight must be given to such action by an appellate 
tribunal, especially should the board be sustained in all legitimate and reason- 
able measures to maintain order and discipline, to uphold the rightful authority 
of the teacher, and to prevent or suppress insubordination in the school. 

Reversed. 
ALONZO ABERNETHY. 

June 8, 1874. "^ Superintendent of Pudlic Instruction. 



J. W. Hubbard v. District Township of Lime Creek.. 

Appeal from Cerro Gordo County. 

Appeal. The execution by the board of the vote of the electors upon matters 
within their control is mandatory; from such action of the board no appeal can 
be taken. If such action is tainted with fraud, an application to a court of 
law is the proper remedy. 

Board of Directors. The board, though not bound by a vote of the electors 
directing the precise location of a schcolhouse site, is required to so locate it 
as to accommodate the people for whom it is designed. 

Board of Directors. If in the selection of a site the board violates law or abuses 
its discretionary power, its action may be reversed on appeal. 
Certiorari. A fraudulent or illegal action may be corrected by application to 
a court for a writ of certiorari. 

The electors of the district township voted a tax to build a schcolhouse on 
what is known as the Simons road, near where it crosses the Central railroad. 
On a separate motion, the board was instructed to sell the schoolhouse known 



SCHOOL LAWS OF IOWA 217 

as number three. In accordance with the first mentioned action, the board lo- 
cated a schoolhouse site on said road, fifty feet from said crossing. From this 
action appeal was taken, the appellant claiming it to be a relocation of the site 
known as number three, and that such action was with the express intention of 
selling the schoolhouse and abandoning the site thereof. The county superin- 
tendent reversed the action of the board and the district township appeals. 

The district township coincides with a congressional township in boundaries 
and extent, and is comprised in one subdistrict. It is claimed that the action 
of the district township meeting did not represent the wishes of the people; 
that there are ninety-five voters in the district, and but twenty-seven were pre- 
sent at such meeting; also that in the location of the site the board did not con- 
sult the convenience of the people. 

Section 1717 provides that the electors, when legally assembled at the dis- 
trict township meeting, shall have power "to direct the sale or other disposition 
to be made of any schoolhouse, or site thereof, and of such other property, per- 
sonal and real, as may belong to the district." Section 1723 provides that the 
board "shall make all contracts, purchases, payments, and sales necessary to 
carry out any vote of the district." Section 1724 provides that the board "shall 
fix the site for each schoolhouse, taking into consideration the geographical po- 
sition and convenience of the people of each portion of the subdistrict." 

The execution of the vote of the electors by the board is mandatory; from its 
action in so doing, no appeal can be taken. In case such action is in any man- 
ner tainted with fraud, an application to a court of law is the proper remedy. 

The power to locate schoolhouse sites is vested originally in the board. Al- 
though the board has authority to locate schoolhouse sites, yet money legally 
voted by the electors for a' specific purpose, must be expended in accordance with 
such vote; if voted to erect a schoolhouse in a certain subdistrict, it can not leg- 
ally be used to build a schoolhouse in another. While any directions of the 
voters attempting to locate precisely a schoolhouse site, are void, yet the board 
is bound so to locate it as to accommodate the people for whom designed; in the 
absence of such instructions, the board may exercise more widely its discretion 
in fixing schoolhouse sites. If in the performance of this duty it violates law, 
acts with manifest injustice, or in any manner shows an abuse of discretionary 
power, Its action may properly be reversed by the county superintendent. In 
this case we do not discover that the board has in any manner failed in the 
proper performance of its duty. Reversed. 

ALONZO ABERNETHY, 

July 7, 1875. Superintendent of Puhlic Instruction. 



E. Costing v. Distbict Township of Lincoln. 

AppeaZ jroni Plymouth County. 

Schoolhouse Site. The action of a committee appointed by the board to locate 
a site is of no force until officially adopted by the board while in session. 

Schoolhouse Site. Subdistrict boundaries can not be changed in appeal relat- 
ing solely to locating a site, nor can a site be located with the expectation that 



218 SCHOOL LAWS OF IOWA 

boundaries will be changed, unless such intention of the board is shown. 

Jurisdiction. The county superintendent has jurisdiction only of the matter to 
which the appeal relates. 

Appeal. The right of appeal is confined to persons injuriously affected by the 
decision or order complained of. Ordinarily a person living in one subdistrict 
can not appeal from an action of the board locating a site in another. 

A committee appointed to locate a schoolhouse site for the accommodation 
of the residents of subdistricts number seven and nine, reported that it had 
selected the northwest corner of section ten, and afterward that it had chosen 
instead, a site about eighty rods east of the northwest corner of section eleven. 
There is no record showing that any action was taken in relation to these re- 
ports. 

Subdistrict number nine consists of the east one-half of congressional town- 
ship number 90, range 45. The appellant resides in ■subdistrict number seven, 
which comprises the west one-half of the same congressional township. The de- 
cision of the county superintendent is as follows: "After considering the evi- 
dence and the plat introduced, I sustain the committee in its first location at 
the northwest corner of section ten of said township." D. M. Relyea appeals. 

The power to locate schoolhouse sites is vested in the board of directors. The 
action of a committee appointed by the board to locate a schoolhouse site is of 
no force until its report is officially adopted by the board while in session. 

Section 1725 provides that the board "shall determine where pupils may at- 
tend school; and for this purpose may divide their district into such subdis- 
tricts as may by them be deemed necessary." The object of dividing a district 
township into subdistricts is to determine where pupils shall attend school. 
While it is frequently the case that pupils may more conveniently attend school 
in an adjoining subdistrict, it would obviously be improper to locate a school- 
house site expressly for the accommodation of such pupils, unless with the inten- 
tion of subsequently making a redivision of the district township. The county 
superintendent has jurisdiction only of the matter to which the appeal relates. 
He can not properly, upon an appeal relating to the location of a schoolhouse 
site, change subdistrict boundaries, nor can he locate a schoolhouse site with the 
expectation that such boundaries will ultimately be changed, unless such is 
shown to be the intention of the board. 

The right to appeal from actions of the board is confined to persons injuriously 
affected by the decision or order of which complaint is made. Ordinarily, a per- 
son living in one subdistrict can not properly appeal from an acton of the board 
locating a schoolhouse site in another. 

The decision of the county superintendent is set aside, and the location, of the 
schoolhouse site is left to the discretion of the board. Keveesed. 

ALONZO ABERNETHY, 
September 7, 1875. Superintendent of PuMic Instruction. 



SCHOOL LAWS OF IOWA 219 

J. E. Brown, v. District Township of Van Meter. 

Appeal from Dallas County. 

Appeal. The adoption of the committee's report in favor of retaining the old 
schoolhouse site is an action from which appeal may be taken. 

Board of Directors. The action of the board can not be reversed upon the al- 
legations of appellant without proof, or by reason of failure to make defense. 

Board of Directors. The acts of the board are presumed to be regular, legal 
and just and should be affirmed unless proof is brought to show the contrary. 

Subdistrict Boundaries. The acts of a board changing subdistrict boundaries 
and locating schoolhouses are so far discretionary that they should be affirmed 
on appeal, unless it Is shown beyond a doubt that there has been an abuse of 
discretion. 

County Superintendent. The weight that properly attaches to the discretionary 
actions of a tribunal vested with original jurisdiction does not apply to the de- 
cisions of an inferior appellate tribunal. 

The county superintendent reversed the action of the board in selecting the 
old site in subdistrict number two, upon which to erect a schoolhouse, and lo- 
cated the site about eighty rods westward of the old one. From this decision 
the district tov/nship appeals, claiming In substance that the county superintend- 
ent erred as follows : That there was no action of the board relative to the se- 
lection of a schoolhouse site in subdistrict number two from which an appeal 
would lie; that the board failed, by reason of a misunderstanding, to appear and 
defend, and that it was unjustly refused a rehearing; that the old site was suit- 
able, convenient and at the center of population, both present and prospective, 
and that the reversal of the action of the board was without sufficient cause, 
there being no evidence that it abused its discretionary power or acted with in- 
justice. 

From the transcript, it appears that a committee was appointed to select a 
site for the erection of a schoolhouse in subdistrict number two; that it reported 
in favor of the old site, and that its report was adopted by the board. The law 
provides that an appeal may be taken by any party aggrieved, from any order or 
decision of the board. 

That there was an action of the board, and that the subject-matter to which 
such action relates is the location of a schoolhouse site in subdistrict number 
two, there can tie no reasonable doubt, hence the action of the board was sub- 
ject to appeal, and such appeal gave to the county superintendent jurisidiction 
in the matter of location of said schoolhouse site. 

It is the duty of the county superintendent to give due notice to all parties 
directly interested in an appeal from the board, and to afford full opportunity 
for the presentation of evidence, but the action of the board can not properly 
be reversed upon the allegations of the appellant without proof, or by reason of 
the failure of the board to be present and make defense. The acts of the board 
are presumed to be regular, legal and just, and should be affirmed by the county 
superintendent, unless proof is brought to show the contrary. In this case, how- 



220 SCHOOL LAWS OF IOWA 

ever, the board appears to have had due notice and ample opportunity to defend 
the case. It is not claimed that any additional evidence could be produced that 
would materially affect the issue; but that the board, understanding through 
popular report that the case was withdrawn, failed to be present at the trial, 
and upon this ground asks for a rehearing, which was very properly refused. 

The site selected by the county superintendent is nearly central, being eighty 
rods west of that chosen by the board. Both appear to be suitable. The eastern 
part of the subdistrict is mostly prairie land, while the western portion is, to a 
considerable extent, timber land. 

The evidence as to which site will better serve the interests and convenience 
of the residents of the subdistrict is conflicting. The board is entitled to the 
benefit of any doubt upon this point. Unless it is clearly proven that it has 
violated the law, abused its discretionary power, or has acted with manifest in- 
justice, its action should be affirmed. 

It is urged by the appellee that the same weight attaches to actions of an. in- 
ferior appellate tribunal, upon appeal, that is given to tribunals having original 
jurisdiction. It is held that the action of the board in matters of which it has 
original jurisdiction, is alone entitled to this consideration by any superior tri- 
bunal upon appeal. Reversed. 

ALONZO ABERNETHY. 

September 17, 1875. Superintendent of Public Instruction. 



Mary M. Thompson v. District Township of Jasper. 

Appeal from Adams County. 

Teacher. When a teacher is dismissed in violation of his contract, an action in 
the courts of law will afford him a speedy and adequate remedy; when dis- 
charged for incompetency, dereliction of duty, or other cause affecting his quali- 
fications as a teacher, he has the right of appeal. 

Teacher. The teacher is entitled to the counsel and co-operation of the sub-di- 
rector and board in all matters pertaining to the conduct and welfare of the 
school. 

The board discharged the teacher in one of the public schools of the district 
for dereliction of duty. She applied to the county superintendent, who reversed 
its decision; from this action, the board, through its president, appeals. 

At the hearing before the county superintendent, the board filed a motion to 
dismiss the case for want of jurisdiction, insisting that the teacher having been 
dismissed in accordance with the provisions of section 1734, her proper remedy 
was an action at law for damages. 

When a teacher is dismissed in violation of his contract, an action in the 
courts of law, on the contract, will afford him a speedy and adequate remedy. 
When discharged for incompetency, dereliction of duty, or other cause affecting 
his qualifications as a teacher, he has the right to appeal to the county superin- 
tendent, who is the proper officer to review questions of this character, and to 
determine whether the board has in the exercise of its authority violated the 



SCHOOL LAWS OP IOWA 221 

law or abused its discretionary power. Questions concerning the validity of 
contracts, the right to recover for services performed, and the interpretation of 
law, belong especially to judicial tribunals. Questions concerning the character 
and qualifications of the teacher, and his management of the school, are by ap- 
peal within the jurisdiction of the county superintendent. The motion to dismiss 
was properly overruled. 

The charges of dereliction were want of promptness in commencing school 
in the morning, and an occasional refusal to hear the recitation of one or more 
of her pupils. For this dereliction there appears to have been some extenuating 
circumstances. Under the contract, it was the subdirector's duty to have fires 
built. The boy employed to do this work often failed to have the schoolhouse 
in comfortable condition at nine o'clock. The teacher usually made up lost time 
by teaching after four o'clock, and there is no evidence that the subdirector or 
board ever advised her with regard to the performance of her duties. The board 
convened at the schoolhouse without previous notice to the teacher, and after 
taking the testimony of pupils, unanimously voted to discharge her. 

Affirmed. 

May 8, 1876. VLONZO ABERNETHY. 

Superintendent of Public Instruction. 



S. W. Woods et al v. District Township of Brighton. 

Appeal from Cass County. 

Bo.\RD OF Directors. The acts of the board must be presumed to be regular, and 
should he affirmed unless positive proof is brought to show the contrary. 

Schoolhouse Site. The prospective wants of a subdistrict may properly have 
weight in determining the selection of a site, when such selection becomes neces- 
sary, but not in securing the removal of a schoolhouse now conveniently located. 

Schoolhouse Site. To make a distinction between the children of freeholders 
and those of tenants in determining the proper location for a schoolhouse, is 
contrary to the spirit and intent of our laws. 

The board by a vote of five to two rejected a petition asking the removal of 
the schoolhouse in subdistrict number eight. On appeal, the county superintend- 
ent reversed the action of the board, and ordered the removal of the school- 
house to the place named in the petition. Wm. F. Altig appeals. 

Subdistrict number eight contains sections 27, 28, 33, 34, and sixty acres ly- 
ing in section 32, and has a good commodious schoolhouse, erected three years 
ago, one-half mile west of the center, on a public road passing east and west 
through the center of the subdistrict. There are about thirty children of school 
age in the subdistrict, twenty-two of whom reside in the western half, and nine- 
teen west of the present site. All those residing east of the present site, except 
one child, are within one and a half miles of the schoolhouse, while by the pro- 
posed removal, a large number would be at a greater distance. 



222 SCHOOL LAWS OF IOWA 

The action of the board in refusing to remove a schpolhouse should not be 
interferred with on appeal, except upon evidence of violation of law, or abuse of 
discretionary power. In this case there Is no evidence of such abuse. The pro- 
spective wants of a subdistrict may properly have weight In determining the 
selection of a site upon which to build a schoolhouse, when such selection be- 
comes necessary, but not in determining the removal of a house, located con- 
veniently for the present wants of the subdistrict. 

It appears that a considerable portion of the school population consists of 
the children of tenants, and much stress is laid upon the assumed distinction 
that should be made between the children of tenants and those of freeholders, 
in determining the proper location of the schoolhouse. Distinctions based upon 
the ownership of property or permanence of residence are not made in the law, 
would not well comport with the fundamental principles upon which our public 
school system is based, and should not have weight in determining the location 
of schoolhouse sites. It is the duty of the board to provide equal school facili- 
ties for the youth of the district as far as practicable, regardless of considerations 
relating to permanence of residence. The schoolhouse may properly be removed 
whenever the conditions of the subdistrict require it, but unnecessary expense 
should not be incurred in such removal in anicipation of possible, or even prob- 
able changes of this character. Reveeseu. 

July 31, 1876. ALONZO ABERNETHY, 

Superintendent of Pu'blic Instruction. 



J. N. Arthub, et al v. Independent District of Fairway. 

Appeal from Adams County. 

Schoolhouse Sites. The necessity of the present must be observed in locating 
schoolhouse sites, in preference to the probabilities of the future. 

Testimony. New testimony can be introduced only when the facts materially 
affecting the ease could not have been known before the trial. 

Remanding of Cases. When the evidence discloses that the action of the board 
was unwarranted, and the facts are not sufficiently shown to determine what 
should be done, the case should be remanded to the board. 

In this case the board made an order relocating the schoolhouse site; from 
this order J. N. Arthur and others, residents of the district, appealed to the 
county superintendent, and upon his affirming the action of the board, to the su- 
perintendent of public instruction. 

The district consists of sections one, two, eleven, twelve, thirteen and four- 
teen, and the old schoolhouse stands near the southwest corner of the southeast 
quarter of section one. The proposed new site is in the northewest corner of the 
southwest quarter of the northwest quarter of section twelve, on a public high- 
v/ay and one-quarter of a mile north of the geographical center of said district. 

The grounds of objection by the appellants to the removal are substantially, 
that the new site is on low bottom lands and subject to overflow, not accessible 



SCHOOL LAWS OP IOWA 223 

at all times of the year, and that it is not as near the center of the school popu- 
lation as the old site. They also suggest that a location at the cross roads one- 
half mile east of the new site is better ground and more convenient to the peo- 
ple. In fixing the schoolhouse site, the geographical position and the convenience 
of the people of each portion of the district should be considered. 

From the large amount of testimony, it is evident that the new site chosen is 
in a low place, and an aflBdavit sent to this office, and signed by a number of 
residents, proves beyond question that the site has been overflowed for several 
days of the last month. By a close comparison It is found that the number of 
residents who will have their distance to school increased by choosing the new 
site, is greater than those who will have their distance diminished. By locating 
the schoolhouse at the cross roads, one-half mile east of the proposed new site, 
which location is claimed to be higher, and therefore less liable to overflow, three- 
fourths of the residents will have their distance diminished by forty to one hun- 
dred and sixty rods. 

Although it may be true, as affirmed in the tesimony, that the western part of 
the district is as capable of settlement as the eastern part, the necessities of the 
present must be observed in locating schoolhouse sites, in preference to the 
probabilities of the future. While it is the rule of this department to sustain 
discretionary acts of the board, it seems that in this case the true interest of 
all concerned, and justice to a large portion of the people, demands that the 
schoolhouse should not be moved to the new site chosen. 

To what extent the high waters of last month did affect the other locations 
under consideration, is not known to this department; it is therefore best to let 
the matter come up anew before the county superintendent for a rehearing. The 
decision of tke county superintendent is therefore reversed, and the case re- 
manded for a rehearing, with the direction from this department that the pro- 
posed new site is an unsuitable one for school purposes. 

Revebsed. 
C. W. VON COBLLN, 

October 31, 1876. Superintendent of Public Instruction. 



J. J. Wilson et al v. District Township of Monkoe. 

Appeal from Mahaska County. 

County Superintendent. The county superintendent is not limited to a re- 
versal or affirmance of the action of the board, but he determines the same ques- 
tions which it had determined. 

Schoolhouse Site. The location of a schoolhouse can be dependent upon a 
change of boundaries only when it is shown in evidence that it is the definite 
and positive intention to make such a change. 

Highway. If possible, every schoolhouse site should be upon a public highway. 

County Superintendent. May make a conditional ruling, by which his own de- 
cision will be governed. 



224 . SCHOOL LAWS OF IOWA 

On the fourteenth day of April, 1877, the board located the site for a school- 
house. From its action, J. J. Wilson and others appealed to the county superin- 
tendent, alleging that the hoard had erred in making the location, in that, by 
reason of distance owing to the location of the roads, the location as made ef- 
fectually deprived many of the subdistrict of the privilege of attendance at 
school. On trial, the county superintendent reversed the action of the board, 
and located a new site. From his decision the board appeals, claiming that the 
county suprintendent erred in selecting a site entirely different from those with 
reference to which testimony was taken; that it is on the extreme east line of 
said suladistrict, and hence can not be called at all central; that the board took 
into account in making the location the possibility of a change in the northern 
boundary of the subdistrict, which would make the situation chosen a suitable 
one for the remaining subdistrict; that a portion of his decision was conditional 
and void; and that the board did not abuse its discretion by making the location 
as it did. 

The assumption that the county superintendent did not have the right to 
locate a schoolhouse site differing in location from the one made by the board, 
or the one petitioned for by the appellants, is a mistake. See John Clark v. 
District Township of Wayne, School Law Decisions of 1876, page 47; also the 
opinion of the attorney-general in Iowa School Journal for April, 1866, in which 
the following ruling was made: "The county superintendent is not limited to 
a reversal or alnrmance of the action of the board, but he determines the same 
questions which it had determined." 

The nature of the subdistrict is peculiar. It is long and narrow, and its west- 
ern boundary, the North Skunk river, which also makes nearly all Its southern 
boundary, is a disturbing element when we attempt to locate the site of a 
schoolhouse to accommodate all the people. While under ordinary circumstances, 
a site near the boundary of a subdistrict would be unadvisable, in this case it 
seems necessary, unless additional road facilities can be secured. The site se- 
lected by the county superintendent is clearly the one best calculated to accom- 
modate the whole subdistrict as constituted at present. 

The location of a schoolhouse site can be dependent upon a change of bound- 
aries only when it is shown in evidence that it is the intention of the board, or 
boards, to make such change. In this case, it is not claimed that any change is 
actually intended or expected. The lim.it, as made provisionally by the county 
superintendent, of thirty days for such changes of roads as would make a more 
central location feasible and desirable, was too short a time, under the pro- 
visions of law, to effect the result. For that reason we shall extend the time for 
the establishment of a road to ninety days from the date of his decision, or to. 
such time as the board of directors may show to be necessary to establish the 
road, provided that immediate steps shall be taken to bring about the result, if 
desired. 

The discretion of the board was evidently abused in not providing equal 
school facilities for those lying in the northern portion of the subdistrict, by 
the location of the schoolhouse site. 

In case the road contemplated is secured, the board may locate the site there- 
on, as near the center of the subdistrict as good and suitable ground can be 
found. If no steps are taken to secure such a road, or in case the road can not 



SCHOOL LAWS OF IOWA 225 

be procured, the location last chosen by the county superintendent is to be re- 
garded as the site, and his decision is hereby Affirmed. 

C. W. VON COELLEN, 
August 7, 1877. Superintendent of Pudlio Instruction. 



Wir. Donald v. District Township of South Fork. 
Appeal from Wayne County. 

Salary of Teaciiers. The salary of teachers should be In proportion to their 
ability and responsibility, and not equal when these dilTer materially. 

Salary of Teachers. The control of salaries Is wholly within the power of the 
board and can not be determined by an appeal, because it is not within the juris- 
diction of county or state superintendent to order the payment of money. 

Explanatory Notes. Notes to the school law, while proper aids to school of- 
ficers, have not the binding force of law, and a non-compliance with them is not 
necessarily a violation of law. 

Schools. The wealthier portions of the community should aid their neighbors 
in sustaining good schools. 

On the eighteenth day of March, 1878, the board made an order fixing the sal- 
aries of teachers for the summer schools at the uniform price of twenty dollars 
per month. From this action William Donald appealed to the county superin- 
tendent, who affirmed the action of the board. From his decision William Donald 
appeals. 

It is alleged by the appellant that the county superintendent erred in deciding 
that the board did not violate law in A^oting that the same amount of salary 
should be paid to the teacher in each subdistrict. It is claimed that the board 
should have provided for a higher salary In some schools of the township. 

The difficulty with appellant's counsel Is that he believes the note to be a 
part of the law. My predecessor gave his own views of the employment of 
teachers and I most fully agree with him in his view. The law leaves the whole 
matter to the board and presumes that It will deal equitably. Unfortunately, 
selfishness is a nearly universal characteristic of human kind, and too often the 
majority, representing weak subdlstricts, weak both in numbers and in property, 
demands an equal distribution of the money on hand for teachers' pay. 

The law organizing the rural Independent districts, passed in 1872, arose from 
the feeling that this selfishness was working injuBtlce to little towns and wealthy 
and populous subdlstricts. The creation of these independent district works an 
Injustice to the weaker districts, for It is proper and desirable that the wealthier 
districts should aid their weaker neighbors to sustain fair schools. 

With regard to this case, we do not see wherein the board violated law. The 
idea of prejudice is slightly apparent from the testimony, but not sufficiently to 
reverse the action of the board. That equity has not been observed seems very 
evident, for it must be presumed that a larger school population requires a 
better teacher, and if a better and more experienced teacher is needed, a better 

15 



226 SCHOOL LAWS OF IOWA 

salary ought to be paid. There are other considerations. Usually the expense 
of living is greater in the town than in the country. It is also the probability 
that a larger tax is paid by the town than by the country. 

We are not able at this distance to determine whether twenty dollars is a 
sufficient compensation for the teacher of subdistrict number four of South 
Fork. But if twenty dollars is only sufficient compensation for the country-sub- 
districts, it is our belief that a higher salary should be given the teacher in the 
town. 

It is out of our jurisdiction to give advice to the board what to do in this 
case, after determining that we have no power to reverse its action, but we sug- 
gest that equity would be served if it should pay the five dollars per month as- 
sumed by Mr. Anderson. After giving our views thus in full, we must agree 
with the county superintendent, and his decision is therefore Affirmed. 

C. W. VON COBLLN, 

June 29, 1878. Sii,perintendent of PuMic Instruction. 



James Jacoby et al v. Independent District of Nodaway. 
Appeal from Adams County. 

ScHOOLHOusE SiTE. A schoolhouse site fixed by county or state superintendent 
affirming the discretionary act of the board, allows the board to exercise its 
discretion again, especially if material changes have occurred. 

Discretionary Acts. Suggestions from the electors upon matters entirely 
within the control of the board will in no manner prevent the fullest exercise 
of the discretion vested in the board by the law. 

Schoolhouse Site. The endeavor to show regard for the expressed wishes of 
the electors in the choice of a site will be an added reason in support of the 
action of the board. 

In the summer of 1877, the board located a schoolhouse site, selecting 
one not desired by a large majority of the electors, as expressed at an informal 
meeting called by the board. An appeal was taken to the county superin- 
tendent, who reversed the action of the board, and in turn to the superin- 
tendent of public instruction, who reversed the decision of the county super- 
intendent, thereby sustaining the action of the board, on the ground that the 
abuse of the discretion given by the law to the board, as charged, was not 
proved. 

Since the decision above referred to was rendered, a dwelling has been 
erected within twenty rods of the site chosen. Also, a material addition has 
been made to the district on its east side of a strip of land three miles in 
length and one-half mile in width. 

At a meeting of the board held April 22, 1878, it relocated the school- 
house site, choosing the old site in place of the one selected by it last year. 
From its action, James Jacoby and others appealed to the county 'superin- 
tendent, who affirmed the order of the board. D. Shipley and Ed. Kennedy 
appeal. 



SCHOOL LAWS OF IOWA 227 

This case was before us last year and we affirmed the action of tlie "board 
in selecting the new site, sustaining the discretionary act of the board. 
Hence, the principle that a site selected by the county or state superintendent 
cannot be changed unless there have been material changes in the district, 
does not apply. There have been changes by the addition of new territory 
and a dwelling being erected within less than forty rods of the proposed 
site. The choice of the old site is in conformity with the wish of a ma- 
jority of the electors, and does not prove any abuse of discretion, much less 
a violation of law. The action of the board is sustained, and the decision 
of the superintendent Affirmed. 

C. W. VON COELLN, 
August 26, 1878. Superintendent of Public Instruction. 



L. E. CoRMACK V. District Township of Lincoln. 
Appeal from Adams County. 
Jurisdiction. An appeal will not lie to enforce a contract. 

Janitgrial Services. If a teacher serves as janitor in sweeping the room and 
building fires, he should be paid from the contingent fund for such services. 

Mr. Vandyke, a subdirector, contracted with Mrs. L. E. Cormack as teacher 
for the winter term of school. The terms of the contract included that the 
teacher was to receive twenty-five dollars per month for teaching and one 
dollar and twenty-five cents a month for building the fires and sweeping 
the schoolhouse. The board refused to audit the full account, which would 
give the teacher pay for janitor's work, claiming that the said subdirector 
exceeded his authority in so contracting. Mrs. Cormack appealed to the 
county superintendent, who reversed the action of the board. W. C. Potter, 
president of the board, appeals. 

This case has evidently for its object the securing of money on contract, 
and as section 1836 prevents county and state superintendents from ren- 
dering a judgment for money, it has been the common custom to refuse to 
entertain any appeal in which a contract is to be decided by such appeal; 
for this reason the county superintendent should have dismissed the case for 
want of jurisdiction. 

It may not be out of place here to state that unless a contract with the 
teacher provides that building fires and sweeping the house is included, the 
board can not require such service of the teacher. The payment for such, 
services should come from the contingent fund and should be specifically 
mentioned. The teachers' fund is not to be used for paying for janitorial 
services. 

Without deciding any question at issue, we are of the opinion that the 
subdirector did not exceed his authority given him by section 1753 when 
he agreed to pay a reasonable sum for janitorial services besides the twenty- 
five dollars paid under instruction from the board for teachers' services-. 



228 SCHOOL LAWS OF IOWA 

But sine© we do not consider the case within our jurisdiction, the decision 
of the county superintendent is reversed and the case Dismissed. 

* C. W. VON COELLN, 

Maxch 1, 1879. Su'perintendent of PuUio Instruction. 



W. F. Rankin v. District Township of Lodomillo. 

Appeal from Clapton County, 

Records. The record of the secretary shall be considered as evidence, and can 
not be Invalidated by parol evidence unless there is proof of fraud or falsehood. 

Teeeitoet. Where territory is to be transferred by concurrent action of two 
boards to the district to which it geographically belongs, a majority of the 
members-elect Is not necessary, as required for the change of subdistrict 
boundaries. 

Appeal. The action of two boards upon a subject over which they have divided 
control constitutes a concurrent action, and appeal may be taken only from the 
order of the board taking action last. 

This appeal relates to the transfer of territory in the civil township of 
Cass, which has belonged to the district township of Lodomillo since 1856, to 
the township to which it geographically belongs. 

The board of the district township of Cass appointed a committee to meet 
a committee chosen by the Lodomillo board, to agree upon terms of transfer. 
The district township of Lodomilla also appointed a committee. The joint 
committee agreed upon a report, which the board of Cass adopted September 
16, 1878. On the twelfth day of October, 1878, the Lodomillo board, by a 
vote of four to six members present of a board of ten, also adopted the re- 
port and accepted the proposition agreed to by the board of Cass. 

From the action of the Lodomillo board W. F. Rankin appealed to the county 
superintendent, who dismissed the case for v/ant of jurisdiction, and stated 
that the action of the board was plainly in violation of the law, since section 
1738 requires a majority of the board to change the boundaries of sub- 
districts. From this decision W. F. Rankin appeals. 

The secretary's transcript of the transactions of the meeting of the board 
of Lodomillo, held October 12, 1878, does not show any irregularity in the 
transaction, does not show the number of members present nor the number 
of votes cast by which the motion was carried. 

According to a well established principle of law, the records of any public 
or private corporation must be considered regular, and can not be set aside 
by parol evidence, except under an allegation of fraud. Based upon the evi- 
dence of the transcript, the whole transaction was carried on in conformity 
with law, and we can see no reason to interfere with the action of the board. 
If we admitted the testimony of M. E. Axtel, showing that only sis members 
of a board of ten were present, and that four of these six voted for the transfer, 



*Note — We have since learned that the teacher recovered in a suit in the 
courts at law. 



SCHOOL LAWS OF IOWA 229 

we would still hold that said transfer was legally made. The action of the 
board was not a change of boundaries of subdistricts, but a transfer under 
section 1798. The territory transferred, being part of the districts organ- 
ized before the law of 1858 took effect, could be transferred by concurrent 
action of the boards to the district to which it geographically belongs, and 
the limitation of section 1738, requiring a majority of the board to change 
subdistrict boundaries, is not applicable to this case. 

The appeal is brought from the action of the board which concurred, and 
is therefore taken in a proper manner. For the reasons set forth, the action 
of the board is sustained and the decision of the superintendent is 

Reveesed. 
C. W. VON COBLLN, 

May 28, 1879. Superintendent of PulUc Instruction. 



L. B. CoLBUKN et al. v. Distbict Towtstshtp of Sixvee Lakk 

Appeal from Palo Alto Countij. 

Evidence. To establish malice or prejudice on the part of the board, positive 
testimony must be introduced, and the evidence must be conclusive. 

County Superintendent. A county superintendent should not ask the state 
superintendent to decide a case on appeal for him, but may ask for an inter- 
pretation of law, either by the state superintendent, or through him, by the 
attorney-general. 

On the twenty-fifth day of August, 1879, the board fixed the location of 
a school house on the old site. From this order L. B. Colburn and others 
appealed to the county superintendent, who affirmed the action of the board, 
and from this decision the same parties appeal. 

Among the errors enumerated, the appellants urge that the county su- 
perintendent erred in holding that the board was not actuated by passion 
or prejudice. We fail to find any evidence establishing the existence of such 
malice or prejudice on the part of the board. Appellants also claim that the 
county superintendent erred in basing his decision on the verbal opinion of the 
state superintendent, given prior to the hearing of the case. 

This affords an opportunity of censuring a practice quite common among 
county superintendents to ask the superintendent of public instruction for his 
opinion in an appeal which is pending. We have made it a universal prac- 
tice to refuse answers upon the questions involved in the particular case, and 
have given only general principles which should govern county superin- 
tendents in determining cases of appeal. These general principles are so well 
established that an intelligent county superintendent ought to be familiar 
with them. 

We advised the county superintendent in this case not to measixre the 
respective distances of the different locations from the geographical center, 
before the trial of the appeal. 

It is proper for the county superintendent to ascertain the Interpretation 



230 SCHOOL LAWS OF IOWA 

of points of law, by securing an opinion from this department, or from the 
attorney-general through this department. 

Witliout fully determining the merits of the respective locations, we must 
hold that the board did not abuse its discretion sufficiently to warrant inter- 
ference. The appellants failing to prove malice or prejudice on the part of 
the board, its order should stand, and the decision of the county superintendent 
affirming its action is Affibosied. 

C. W. VON COELLN, 

March 30, 1880. Superintendent of Public Instruction. 



J. D. Handeesheldt v. Disteict Township of Des Moines. 
Appeal from Jefferson County. 

Disceetionaby Acts. Abuse of discretion is not established by testimony show- 
ing that a different action would have been preferred by the electors. 

Disteict Obganization. The county superintendent has no jurisdiction to de- 
termine the validity of district organization. 

Testimony. To be legal must be given under oath. 

BouNDAEiES. Of subdistricts, changed between September and March. 

Majority Vote. Of whole board required to change subdistrict boundaries. 

A petition was presented to the board asking that certain territory in 
Des Moines township be set aside to form, in connection with territory to 
be obtained from the independent district of Liberty, number eight, a new 
subdistrict to be known as subdistrict number nine, Des Moines township. 
The board acted on this petition and made the following order: "In the 
matter of the petition of J. D. Handersheldt and Silas Pearson, asking for 
the formation of a new subdistrict to be known as number nine, in the 
district township of Des Moines, all the territory within the boundary lines 
therein described, is hereby granted, provided sufficient territory be granted 
by the independent school district of Liberty, number eight, to make a suit- 
able and convenient subdistrict as to the amount of territory and the number 
of children of school age; and, provided, that in case the territory is not 
granted by said independent district of Liberty, number eight, then said 
territory hereby granted shall remain and be a part of subdistrict number 
five, of the district township of Des Moines." 

On the twenty-eighth day of April, 1882, the board of the district town- 
ship of Des Moines, at a special meeting, adopted the following resolution: 
"It is hereby ordered that all action heretofore taken by the board of the 
district township of Des Moines, in the formation and organization of sub- 
district number nine, in the above named township, is hereby rescinded." 
From this action of the board, J. D. Handersheldt appealed to the county 
superintendent, who upon hearing the case on appeal rendered the following 
decision: "A resolution passed rescinding an action which has not yet 



SCHOOL LAWS OF IOWA 231 

taken effect, is legal, but so far as it concerns formation and organization 
which is already completed, it is illegal." From this action or decision of the 
coimty superintendent, J. D. Handersheldt appeals. 

It appears from the transcript of the county superintendent that the wit- 
nesses were not sworn. A failure to take testimony under oath is fatal to 
the case, even though from its nature it came properly before the superin- 
tendent on appeal. 

A brief examination will be sufficient, we think, to show that this action 
should have been dismissed by the county superintendent for want of juris- 
diction, since no appeal will lie when the validity of the district organization 
is involved. 

This appeal was taken from the action of the board to the superintendent, 
for the purpose of determining whether or not the board erred in rescinding 
its former action creating subdistrict number nine. There was very little 
evidence bearing on this, the sole issue in the case. Witnesses simply stated 
that they were or w^ere not in favor of subdistrict number nine. 

Such testimony can have no bearing in an action to establish error on 
the part of the board. Appellants set forth in their affidavit that the county 
superintendent erred, in that he refused to admit testimony to show that there 
never had been any legal organization of subdistrict number nine. We think 
such evidence was properly excluded, and yet it is necessary, to enable any 
tribunal to arrive at a decision of the case; for if the district was organ- 
ized according to law, then the board committed error in making an order 
which operated to discontinue it, and hence to change boundaries of sub- 
districts at a time of year in which, according to our holding, can not be 
done. Upon the presumption that the district was legally organized, it com- 
mitted error by making a change of subdistrict boundaries without a majority 
of the whole board. 

It must therefore be determined whether the conditions upon which the 
board of Des Moines township granted the territoi'y, were fulfilled, or, in 
other words, it must be known whether or not the independent district num- 
ber eight, of Liberty, concurred in the transfer of the territory. But neither 
the county superintendent nor this department is competent to determine 
the legality of a district organization, and it is therefore impossible for us 
to decide whether or not the board committed error. 

The remedy is an application to a court of law for mandamus to compel the 
board to recognize the subdirector of subdisti'ict number nine, as a school 
officer and member of the board of the district township of Des Moines. Were 
the issues involved within our jurisdiction, we would not hesitate to consider 
them, hut as no question of such nature is connected with the case it is 

Dismissed. 
J. W. AKBRS, 
November 2, 1882. Superintendent of Public Instruction. 



232 SCHOOL LAWS OP IOWA 

Appleton Park v. Independent District of Pleasant Grove. 

Appeal from Des Moines Count]/. 

Records. The official record is its own best evidence. Testimony intended to 
contradict the record should not be admitted. 

Eecoeds. Records not made and certified to by the proper officers as required 
by law are defective and may be impeached by collateral evidence. 

Teacher. The law provides that a teacher shall have a fair and impartial 
trial, with sufficient notice to enable him to rebut the charges of his accusers. 

Charges. Must be clearly sustained by the evidence. 

Appleton ParK was duly engaged and contracted with. He began teaching 
on the fourth day of September, 1882; after some ten or eleven days had ex- 
pired, during which time he had taught the school, he was waited upon by the 
entire board, called to the door and informed that certain rumors were 
being circulated, to the effect that he had been guilty of using obscene and 
vulgar language in the presence of his pupils, and during regular school 
hours. The board called at the schoolhouse again about the hour for closing 
the school in the afternoon, and the school having been dismissed. It pro- 
ceeded to examine three of the boys as to the truth of the charges above 
referred to. The result of this action was that the teacher left the school 
and the board employed another teacher. Mr. Park appealed to the county 
superintendent, who reversed the action of the board, whereupon D. L. Port- 
lock, president of the board, appeals. 

The principal difficulty presented In this case seems to be to determine 
just v/hat that action or order of the board was from which the appeal was 
taken. The transcript filed by the secretary of the board, is as follows: 
"Complaint being made by some of the scholars to the school board, in regard 
to the teacher, Appleton Park, using Indecent, rough and Insulting language 
during school time, the board met at the schoolhouse to make an investiga- 
tion. The board stated the above charges to the teacher, Appleton Park, who 
after reflecting upon the matter, proposed his resignation to the board. The 
board, after due consideration, accepted the same. The question being settled 
in the above way, and no other business before the board, the board then ad- 
journed." 

The parol evidence of Appleton Park was admitted to offset and Im- 
peach the record. This was clearly in violation of well established law, if 
the record was really what It purported to be, a true and authenticated copy 
of the proceedings of the meeting of the board referred to. 

Starkie on Evidence says: "Where written instruments are appointed, 
either by the immediate authority of law, or by the compact of the parties, 
to be the permanent repositories and testimony of truth, it Is a matter both 
of principle and of policy, to exclude any inferior evidence from being used, 
either as a substitute for such instruments, or to contradict or alter them; of 
principle, because such Instruments are in their own nature and origin entitled 
to a much higher degree of credit than that which appertains to parol evi- 



SCHOOL LAWS OP IOWA 233 

dence; of policy, because it would be attended with great mischief and incon- 
venience if those instruments upon which men's rights depend were liable to 
be impeached and controverted by loose collateral evidence." Starkie, part IV. 
p. 995, Vol. Ill, 3d Amer. Ed. 

The fact that the transcript referred to is not certified to by the secre- 
tary, and the further fact that he was not present at the board meeting 
in question, and wrote the minutes as dictated from memory by the presi- 
dent of the board, three days after the meeting, fully justified the superintendent 
tendent in ruling it out and in admitting parol evidence. 

We come now to consider whether the trial before the board was such 
a proceeding as is required by section 1734. The board called in the morn- 
ing and informed the teacher of the charges preferred against him, where- 
upon he offered to resign. It instructed him to proceed with his school and 
stated that it would return in the evening. During the day the board worked 
up its case against the teacher, while he was so employed as to prevent him 
from giving thought or attention to the charges, or to the preparation of any 
adequate defense. 

We must sustain the superintendent in finding that the trial and oppor- 
tunity to defend was not what the law intends every teacher shall have. 
Every teacher is entitled to the sympathy and support of the school board, and 
where there is any reasonable doubt as to the truth of stories circulated by 
school children, the teacher should have the benefit of such doubt. We believe 
that had the board been in sympathy with the teacher in this instance, it 
would have decided that the charges were not sustained by the evidence, 
at least by any evidence which appears of record. That the teacher offered to 
resign in the evening does not appear from the evidence offered in behalf 
of the board, while it does appear that at least one member of the board 
told him "he had better quit." 

We are compelled to hold that the teacher was dismissed, and that in doing 
so for no suflBcient reason the board erred and the decision of the county su- 
perintendent is therefore Affibmed. 
* ' J. W. AKERS, 

February 16, 1883. Superintendent of Public Instruction. 



J. B. B. Bakeb v. Independent Disteict of Waukon. 

Appeal from Allamakee County. 

Rules and Regttlations. In establishing and enforcing regulations for the 
government of scholars the board has a large discretion. 

On the seventh day of June, 1886, Maud Baker was suspended for re- 
peated violation of a rule of the board, known as rule five, which reads as 
follows: "Any scholar who shall be absent five half-days in four consecutive 
weeks, without any excuse from parent or guardian satisfactory to the teacher 
that the absence was caused by said pupil's sickness, or by sickness in the 

•Note — Our supreme court rendered a decision regarding the measure of dam- 
ages resulting from the wrongful discharge of this teacher. The opinion is found 
in 65 Iowa, 209. 



234 SCHOOL LAWS OF IOWA 

family, or, in the primary grades, by severity of the weather, shall forthwith 
he suspended. No pupil so suspended shall be reinstated v/ithout a permit 
from the principal." 

Rule twelve provides that the principal of the school may suspend pupils 
temporarily, and that he shall immediately notify the parent or guardian of 
a suspended child of such suspension, the notice to be in writing, and fur- 
thermore, that he shall immediately inform the board of his action. 

Maud Baker was absent without excuse, and when called to account for 
her absence stated that she had gone on a fishing excursion, and expected to 
go the week following. Having failed to render a satisfactory excuse, she 
was suspended, as above stated. Notice in writing was sent to parent, as re- 
quired by rule five, and the board informed of the suspension. The board 
approved the action of the principal. J. B. B. Baker appealed to the county 
superintendent, who reversed the action of the board. D. W. Reed appeals. 

The facts in this case are not controverted. It appears in evidence that 
the suspension of Maud Baker was reported to the board, and that a special 
meeting of the board was held for the consideration of the act of the prin- 
cipal. Maud Baker was present at this meeting of the board, and the presi- 
dent testifies that he read to her the rule under which she had been sus- 
pended, and asked her to give the board some promise of- amendment in the 
future, as a condition of reinstatement and she replied that shS would not 
make any promise for the future, and expected to go fishing the following 
week. 

The county superintendent finds that the suspension was made in com- 
pliance with the rules of the board for the government and regulation of the 
schools, and that the act of the principal in suspending, and of the board in 
approving his action, was without prejudice or malice. The board was re- 
versed on the ground that the law does not confer upon the principal, or the 
board, power to suspend for the cause for which Maud Baker was suspended. 

The case turns, therefore, upon the power of the board to establish and 
enforce a rule providing for the suspension of pupils, who are absent a given 
number of days, or half-days, without a satisfactory excuse. The point has 
been fully discussed and settled by our supreme court in the case of BtirdicTc 
V. Bahcock, 31 Iowa, 562, and need not be considered here. MiapJiy v. Inde- 
pendent District of Marengo has been cited, but does not apply, as in that case 
it is stated that the offense for which the pupil was dismissed was not in vio- 
lation of any rule or regulation. 

We are compelled to overrule the decision of the county superintendent, and 
to sustain the action of the board. Reversed. 

J. W. AKERS, 

October 23, 1886. . Superintendent of Pudlic Instruction. 



N. R. Johnston v. District Township of Utica. 

Appeal from GJiicTcasaw County. 

Mandamus. To compel the performance of an ofiicial duty, appeal sometimes 
consumes valuable time. MandaiBUS is often a more speedy and better remedy. 



SCHOOL LAWS OF IOWA 235 

Discretionary Acts. Action "by the board unduly delaying the final considera- 
tion of an important matter, may be regarded as an evidence of prejudice. 

The issues involved in this case were the formation of a new subdistrict to 
be known as number twelve, and the providing for a school during the winter 
of 1887-8, pending the election of subdirector for the new subdistrict. The 
case came in due order to the county superintendent on appeal, and from his 
decision the board appeals. 

At its meeting on the nineteenth of September, 1887, the board had before 
it a petition signed by Caleb Boylan and others, to redistrict numtier two, 
and to form a new subdistrict. After various motions it was voted to adjourn 
to the second Saturday in February, 1888, to consider said petition. Appeal 
was taken to the county superintendent. 

At the trial before that officer, October 27, 1887, and adjourned to October 
31st, a motion was made to dismiss the case, on the ground that the matter 
was still pending before the board, as no final action had been taken by that 
body. The motion to dismiss was overruled, and the county superintendent 
proceeded to hear the case. Did the county superintendent commit an error? 
We think not. 

Without impugning in any way the motives of the board, its action in ad- 
journing to a date as late as the second Saturday in February, was calculated 
to delay and defeat the prayer of the petitioners. The aggrieved parties had 
an undoubted right to appeal, "but we regret that they did not avail themselves 
of the more speedy remedy of resorting to the courts. A writ of mandamus 
would undoubtedly issue in such a case, compelling the board to perform its 
enjoined duty. 

A motion to dismiss on the ground that there was no evidence to show 
that the board acted with passion, prejudice, or injustice, was also very 
properly overruled. The action of the board delaying the whole matter until 
the second Saturday of February, 1888, was in our opinion an act of manifest 
injustice, which the superintendent very properly took into account in making 
his decision. 

The county superintendent reversed the action of the township board 
and ordered the new subdistrict, number twelve, to be formed, with an extra 
school for the winter of 1887-8, in accordance with the prayer of the petitioners. 
Ought his decision to be sustained? 

A careful review of the evidence in the case, including the plat "exhibit 
A," shows that the township of Utica is divided into eleven subdistricts, some 
of them very large and irregular in shape. A better division than that pro- 
posed by the formation of the new subdistrict, number twelve, can possibly 
be made. The county superintendent, however, provides for this, as his de- 
cision does not prevent any changing of the boundaries of subdistrict lines, 
if necessary to facilitate the school privileges of the township. 

A new subdistrict is needed to furnish reasonable school facilities for the 
children in that neighborhood, and so far as ordering the new subdistrict, to be 
known as number twelve, is concerned, the decision of the county super- 
intendent is Affirmed. 

HENRY SABIN, 

March 15, 1888. Superintendent of Public Instruction. 



236 SCHOOL LAWS OP IOWA 

Jacob Deck et al. v. Disteiot Township of Eden, 

Apveal -from DecXitur County. 

SuBDiSTEicT BouNDAEiES. A case involving a change of subdistrict boundaries, 
having been adjudicated by the county superintendent reversing the action of 
the board, and being affirmed by the superintendent of public instruction, can 
not again be brought upon appeal, unless it can be shown that some ckange 
materially affecting the conditions of the case has taken place since the date 
of the former decision. 

SxTBDiSTEicT BoTJNDAEiES. In changing subdistrict boundaries, both the present 
and the future welfare of the district township should be considered. 

SXTBDISTEICT BouNDAEiES. A subdistrict long established, embracing a territory 
having a sufficient number of scholars to maintain a good school, should not. be 
abolished, unless the general school facilities of the township will be improved 
thereby. 

On the nineteenth day of September, 1887, the board voted to abolish sub- 
district number qight. Jacob Deck and others appealed to the county super- 
intendent, who on the fifth day of December rendered a decision reversing the 
action of the township board, and the board appeals. 

The counsel for the directors urged in their written argument that the 
county superintendent should be required to send up to this department all 
the testimony taken in the trial before her. It was certainly the duty of the 
county superintendent to send up all the testimony upon which she based 
her decision. In the absence of any proof to the contrary, the presumption 
is that the transcript furnished by her contains all the testimony on file in 
her office. There Is no proof offered that she has not complied with the law 
In all respects. 

On the twenty-sixth day of December, 1885, the county superintendent ren* 
dered a decision reversing the action of the board in abolishing subdistrict 
number eight. As no material changes have taken place since then. In the 
condition of the township, does that former decision act as a bar to any further 
proceedings in this case? We think not. 

The principle enunciated here is undoubtedly correct. A case involving a 
change of subdistrict boundaries, having been adjudicated by the county super- 
intendent reversing the action of the board, and being affirmed by the super- 
intendent of public instruction can not again be brought upon appeal, unless 
it can be shown that some change materially affecting the conditions of the 
case has taken place since the date of the former decision. In this case, how- 
ever, th decision of the county superintendent can not act as a bar to further 
proceedings, because the district board did not take an appeal. Such pro- 
ceedings can not be considered as final in such a sense until they have been 
affirmed by the superintendent of public instruction. 

It is urged that the county superintendent erred in taking into consideration 
the distance which many of the pupils must travel in order to reach their 
school, if the action of the township board, abolishing subdistrict number 
eight, Is affirmed. The law does not contemplate that one and one-half miles 



SCHOOL LAWS OF IOWA 237 

is in all cases an unreasonable distance. It depends largely upon the age of 
the pupil and upon the condition of the roads. In the case before us a natural 
obstacle, the Little Turkey river, must be taken into consideration. The open- 
ing of additional roads and the construction of a bridge would simplify mat- 
ters somewhat, but no steps have been taken to accomplish thi^. Until this 
is done, to abolish the school in number eight would impose an undue hardship 
upon a large number of pupils. 

What are the conditions of the school as at present constituted? The 
report of the secretary put in evidence, shows that the school in number 
eight will average with other subdistricts in the number of pupils enrolled; 
it is above the average in daily attendance, and below the average in cost 
of tuition. The board fails to show that reduced numbers render it ex- 
pedient to abolish this subdistrict, nor does it show that the township is 
excessively taxed to support its schools. 

This department has already ruled that subdistrict lines, which have been 
long established, embracing a territory having a sufficient number of pupils to 
maintain a good school, should not be disturbed, unless It can be proved 
that the general school facilities of the township will be improved by the 
change. 

The board does not show that there is any general benefit to be expected 
from the proposed change of boundaries, nor does it prove that any existing nec- 
essity makes it desirable. The board undoubtedly intended to act fairly toward 
all, but we think it failed to properly consider all the circumstances involved in 
Its action. The decision of the county superintendent is therefore 

ArFIIiMB3). 

HENRY SABIN, 
March 16, 1888. Superintendent of Public Instruction. 



J. S. FoLSOM et al. v. Distbict Township of Centeb. 
Appeal from Cedar County. 

Reheabinq. To warrant a rehearing, some valid reason must be urged. 

Testimony. Sufficient latitude should be allowed in the introduction of testi- 
mony to permit a full presentation of the issues involved, even If irrelevajit 
testimony is occasionally admitted. 

SCHOOLHOUSE SiTE. Every dwelling-house must be taken Into account, as some- 
one entitled to school advantages may hereafter reside there. 

ScHooLHOusE SiTE. When it is the evident intention of the board to relocate 
the site as near as possible in the center of the subdistrict, in order to furnish 
equal school facilities to all the residents, its action should not be materially 
interfered with. 

The transcript In this case shows that on the twenty-flrst day of March, 
1887, at a meeting of the board, a committee was appointed to Investigate 
the needs of subdistrict number two and report at the meeting in September. 



238 SCHOOL LAWS OF IOWA 

It further shows that on the nineteenth day of September, 1887, such com- 
mittee reported, recommending that the new house be built for said subdistrict, 
to be located in the center of the district. The report was received and the 
committee discharged. The report was also, upon motion, laid upon the table. 

On the nineteenth day of March, 1888, at a meeting of the directors, 
the above report was finally adopted and a building committee was appointed 
to confer with the county superintendent in regard to plans and specifications. 
From this decision of the board Folsom et al. appealed to the county supers 
intendent, and the case was heard at Tipton on the ninth day of April, 1888. 
The records in the county superintendent's ofiice show that the appellee con- 
sented to the filing of an amendment to the affidavit by appellant, and that 
the appellee filed a motion to modify the decision of the board, and the trial 
then proceeded. On the eleventh day of April the county superintendent filed 
a decision reversing the action of the board. On the seventeenth day of April, 
1888, a motion was filed for a rehearing, within the time given by the county 
superintendent. On the nineteenth day of April, 1888, the motion for a re- 
hearing was argued before the county superintendent and overruled. From 
the decision of the county superintendent the board appealed to the super- 
intendent of public instruction, and the whole case came up on a hearing 
before him on the fifth day of June, 1888. 

The first question to be decided is: Did the county superintendent err in 
overruling the motion for a rehearing? A rehearing of such a case can be 
granted only when it can be shown that some injustice has been done, or 
some mistake has been made which can be corrected by a new trial; or when 
some additional evidence has been discovered which is in favor of the party 
applying, but which could not have been presented before by reasonable dili- 
gence. The affidavit upon which the motion for a rehearing was based failed 
to show any such reasons. All the main points alleged therein had already 
been ruled upon by the county superintendent, and we think she did not 
commit any error in overruling the motion. This also disposes of all the testi- 
mony sent up in support of the motion for a rehearing; these affidavits will not 
be taken into account in the final decision. 

It is not necessary here to determine the legal residence of William 
Busier. His own testimony is that the distance from his residence to the 
site selected by the board is one and one-fourth miles. The fact that Mrs. 
Morgan does not desire to send to school is not material. It is not the in- 
dividual but the residence that is to be considered. Some other person living 
at the same place may hereafter desire school privileges. 

We are now free to approach the main question upon which issue is joined. 
The testimony shows that the directors desired to relocate the schoolhouse 
in subdistrict number two in a more central location; no other reason is 
assigned for the contemplated removal. There is nothing to show that the 
present site is unsuitable, except that it does not well accommodate the pupils 
from the northern part of the district. In this determination to relocate 
the site near the center, there is no evidence of any abuse of discretion on 
the part of the board and we think this action should not be interfered with. 

There is, however, evidence which shows that the exact acre which the 
committee staked out is not a desirable site for a building. The board itself 



SCHOOL LAWS OF IOWA 239 

acknowledges this in its amended order by which the site is removed ten 
rods north. 

The county superintendent, in her decision, locates the site upon a piece 
of ground known as the "grave-yard site." It is urged that the county super- 
intendent has only appellate jurisdiction, and must therefore confine her de- 
cision to the two sites upon which the parties joined issue. She seems to 
have entertained some such idea, as she sustained a motion to rule out all 
testimony in regard to the unsuitableness of the grave-yard site when such 
evidence was offered in the original trial. We think that such evidence 
should have been admitted. 

In April, 1866, the Hon. O. Faville, then superintendent of public instruc- 
tion, obtained this opinion from Hon. P. E. Bissell, then attorney-general: 
"The case does not come before him (the county superintendent) merely to 
correct an error of the board of directors, but to hear and decide the same 
matter that the board had decided. The county superintendent is not limited 
to an aflBrmance or reversal of the action of the "board, but he determines 
the same question that the board determined." See also John Clark v. District 
Township of Wayne, page 47, School Law Decisions of 1876. 

To this opinion the decisions of this department have always conformed. 
The county superintendent, therefore, did not go beyond her jurisdiction in 
selecting a site different from any which had been considered by the board. 

We can not see, however, that the grave-yard site has any advantage over 
the old site. It is irregular in shape, and is about as far north of the center 
of the subdistrict as the present site is south. In fact, its selection as a site 
for the new building defeats the very end which the board had in view in 
its action locating the site in the center of the subdistrict. 

The case is remanded to the board with instructions not to build upon the 
site selected by the committee, but to select the best site possilDle within a dis- 
tance not more than forty rods from the center of the site staked out by the 
committee; the south corner of said site, however, to be at least fifteen rods 
north of the south corner of the committee's site; said site also to contain not 
less than an acre, and to be as nearly square in form as the circumstances will 
admit. The decision of the country superintendent is Reversed. 

HENRY SABIN, 

June 7, 1888. Superintendent of Public Instruction. 



P. O'Connor, Jr., v. District Township of Badger. 

Appeal from Wehster County. 

Jurisdiction. In most matters with which boards have to do under the law, 
their authority and responsibility are absolute, and their jurisdiction is com- 
plete and exclusive. 

Jurisdiction. A former order of the board, or a decision of the county super- 
intendent on appeal, will not operate to prevent the board from exercising its 
discretion anew, when good reasons exist for such action. 



240 SCHOOL LAWS OP IOWA 

Rehearing. To obtain a rehearing the necessity must he clearly shown. 

DiscEETioNAEY AcTS. In the exercise of discretion, the benefit of every reason- 
able doubt must be given in favor of the correctness of official acts. 

Appeal. The hearing is not to be conducted by a rigid adherence to the tech- 
nical forms and customs which prevail in the courts. 

At a special meeting of the board held February 10, 1888, it was voted to 
remove the schoolhouse in subdistrict number seven, forty rods north from 
its present site. P. O'Connor, Jr., appealed to the county superintendent, 
who heard the case on the twenty-third day of April and affirmed the action 
of the board. P. O'Connor, Jr., appeals. 

The proceedings in this case are regular and the facts admitted by both 
parties. The only point in dispute is this: On the tenth day of November, 
1887, the county superintendent heard the same case and rendered his de- 
cision reversing the action of the board. As the board did not see fit to 
appeal, and as no material changes have taken place in the subdistrict, it is 
claimed that the decision of the county superintendent rendered November 
10, 1887, must be considered as final, and that no further proceedings can be 
had in the case. If this allegation is true, then the county superintendent 
committed error in not dismissing the case. 

Let us examine it a moment, that we may arrive at the intent of the lav^. 
It is plain that the law reposes great confidence in the discretionary acts of 
a board of directors. The instructions from the department of public in- 
struction to county superintendents have always been that such discretionary 
acts are to be affirmed unless it can be very clearly shown that the board 
has in some way abused its powers; if there is a doubt, even, the board 
is to have the benefit of it. It has become a well established principle that 
the conduct of the schools and the location of schoolhouses should be left 
with those officers who have the closest relation to the people for whose benefit 
the schools are maintained. With this principle this department is not willing 
to interfere. 

Is it right, then, that In this present case because the county superintendent 
reversed the board in November, 1887, it should be left without further rem- 
edy? We think not. After its former action v/as reversed, the board had 
its choice of three courses of action; it was bound to take the one which 
It believed to be for the best interests of the subdistrict. 

It could ask for a rehearing, but to obtain that it must be able to show 
that some very grave mistake had been made, or that it had discovered some 
additional evidence which could not have been presented before by using reason- 
able diligence. 

It could appeal to the superintendent of public instruction, but in that 
event it must base its case wholly upon the evidence as presented before 
the county superintendent, as this department has no right to hear additional 
testimony. 

It could begin the case de novo, amend its record if It was faulty, supply 
omissions, introduce new testimony, and perfect its proceedings in such ways 
as to obtain a possible different decision from the county superintendent, or 



SCHOOL LAWS OF IOWA 241 

so as to make a stronger case before the superintendent of public instruction 
if either party found it necessary to appeal to him. 

In this case the board chose the last remedy, and we think it was wise 
in doing so, as the most ready manner of obtaining a final adjudication of 
the whole matter. 

After careful study of the authorities cited by counsel, we can only reach 
this conclusion. If the aggrieved party fails to appeal within the thirty days 
allowed by the law, the decision of the county superintendent becomes final as 
far as that particular case is concerned; but we find nothing in the law to war- 
rant the conclusion that a reversal by the county superintendent acts as a bar 
to any further proceedings because the district board did not then and there take 
an appeal to the superintendent of public instruction. Such a conclusion would 
defeat the ends aimed at by the law in placing the management of the schools in 
the hands of the school officers as chosen by the people. The county superintend- 
ent and the superintendent of public instruction, in hearing these appeal cases 
have the jurisdiction, somewhat of a court of equity and are not bound by a 
rigid adherence to the technical forms and customs which prevail in the courts 
of justice. 

In reaching this conclusion we are supported by the case of Morgan v. Wilfley 
ct al., 70 Iowa, 338. "The power to redistrict and change subdistricts is con- 
ferred upon the board by the statute, and action in that direction, for suffi- 
cient cause, can not be considered as unauthorized." The power to change or 
fix the schoolhouse site is conferred in the same manner. Further : "The board 
of directors can not be so fettered by its prior action, or by legal proceedings that 
it may not, at any time, for sufficient cause, redistrict the township, as in its 
best judgment may be demanded by the interest of all the children of the dis- 
trict." The principle here enunciated is so broad that It applies to all the actions 
of the board, and it is not necessary to dwell upon it. 

In regard to the merits of the case, there Is nothing to be said. There Is no 
evidence to show that the board abused Its authority, and consequently no rea- 
son for Betting its order aside. The decision of the superintendent is 

Affirmed. 
IIENKY SAB IN, 

July 9, 1888. Supefintendent of Pnl)lic Instruction. 



Samukl Wai-kee v. J. S. Ceaavtoed, County Supeetntendent. 

Appeal from Cass County. 

Ceetificate. The county superintendent is his own judge as to how fully he will 
give the applicant reasons for the refusal of a certificate. 

Ceetificate. The county superintendent Is charged with the responsibility of 
refusing to Issue a certificate to any person unless fully satisfied that the appli- 
cant possesses the essential qualifications demanded of teachers by the law. 

DiscEETioNAEY AcTS. Uuless a marked violation of the large discretion vested 
in the county superintendent is proved clearly and conclusively, his action in 
refusing or revoking a certificate will not be interfered with on appeal. 

16 



242 SCHOOL LAWS OF IOWA 

Certificate. The decision of a county superintendent refusing a certificate will 
not be interfered with on appeal unless it appears that he acted from passion or 
prejudice. 

This case arises from the refusal of J. S. Crawford, county superintendent of 
Cass county, to grant a certificate to Samuel Walker to teach in the schools of 
said county. The case was reheard on the first day of December, 1888, by way 
of appeal, the superintendent affirming his former decision. Samuel Walker ap- 
peals. 

Section 1766 requires the county superintendent to examine each candidate de- 
siring to teach in the public schools of the county, in certain branches enumer- 
ated therein, with special reference to his competency and ability to teach the 
same. But section 1767 still further directs that the county superintendent must 
satisfy himself that the applicant possesses a good moral character and the es- 
sential qualifications for governing and instructing children and youth. Here, 
then, are three distinct qualifications to be investigated and determined by the 
county superintendent before he issues the certificate. My predecessor very point- 
edly says in a written opinion on file in this office: "Under the law the county 
superintendent must be satisfied that you (the candidate) possess all the qualifi- 
cations enumerated by law." 

In this case it is not claimed that the appellant is deficient in the branches 
usually taught in the public schools. Neither is it charged that he does not pos- 
sess a good moral character. The only point in question is his ability to in- 
struct and govern children and youth. We confess that this is an exceedingly 
difficult point to determine in many cases. The surest way undouMedly is to 
visit and inspect the school, but we think the county superintendent took the 
next best way when he drew the candidate into a conversation and allowed him 
to express himself freely and without reserve. Certain traits of character most 
essential to a teacher can not be ascertained by a written examination alone. 

At the time of the trial on appeal the county superintendent was placed on 
the stand as a witness for the appellant. In the course of his testimony he made 
this statement: "I refused Mr. Walker a certificate because I thought, and still 
think, Mr. Walker did not have judgment, a well balanced mind, and common 
sense, to teach a good school." It is not the duty of the superintendent of pub- 
lic instruction to try this case de novo in order to determine the correctness of 
this conclusion. We are not called upon to pass upon the fitness or unfitness of 
Mr. Walker to teach in the schools of Cass county. 

Did the county superintendent err, in that he was actuated by wrong mo- 
tives? If through passion or prejudice he refused Mr. Walker a certificate he 
did him an injustice, and his decision should be reversed. The existence of sucli 
a ruling motive would show itself somewhere in the evidence. We have read 
the transcript several times with care, and we fail to find any disagreement ex- 
isting between the parties previous to, or at the time the appellant was first ex- 
amined, or that Mr. Crawford has spoken unkindly of Mr. Walker or shown a 
disposition to injure him in any way. It was competent for the appellant to 
show clearly at the trial that the county superintendent was prejudiced against 
him to such an extent as not to do him justice; this he has failed to do by any 
reliable testimony. The weight of the testimony is to the effect that the county 



SCHOOL LAWS OF IOWA 243 

superintendent was endeavoring to do his duty as a school officer and in this the 
superintendent of public instruction must sustain him. 

The counsel for the appellant claims that the county superintendent erred 
in not informing the applicant upon what grounds he refused him a certificate. 
The testimony of Mr. Frost, from his long experience in the office of county sup- 
erintendent, has great weight. We agree with him that it is usually better to 
inform the applicant frankly and fully why the certificate is refused, but cases 
may arise in which it is as well not to do this. The law is silent upon this 
point, the county superintendent must be his own judge of what it is best to 
do. We do not think the refus3,l in this case is an error on the part of the 
county superintendent. 

It is also alleged on the part of the appellant that "the county superintendent 
made a wrongful decision upon the facts in the case." The appellant introduced 
evidence to show that he had taught a fairly successful school, and that he was 
in good repute as a teacher in his own neighborhood. All this was pertinent to 
the question at issue, but if the conversation and actions of the appellant made 
such an impression upon the mind of the county superintendent at the time of 
examination that this evidence even could not overcome it, the county superin- 
tendent could not consistently do otherwise than as he did. 

The discretion vested in the county superintendent by the law is very large, 
and for this purpose, that he may guard the public schools against the intrusion 
of persons unworthy or unfit for the office of teacher. The department of public 
instruction can not release him from his responsibility, nor can it interfere with 
his discretionary acts except upon the clearest and most convincing proofs of 
violation of law, or of the influence of passion or prejudice in the performance 
of his official duty. 

The appellee on the other hand seems to argue that the action of the county 
superintendent, in refusing to grant a certificate, can not be interfered with by 
the superintendent of public instruction. In 1867, Hon. D. Franklin Wells, then 
superintendent of public instruction, obtained an opinion from the attorney- 
general of the state, Hon. F. E. Bissell, upon this point. The following extract 
from that opinion is answer to each of the claims just considered. "Chapter 52, 
laws of the tenth general assembly, provides that the superintendent of public 
instruction shall be charged with the supervision of all the county superintend- 
ents and shall determine all cases appealed from the decision of the county 
superintendent. I hold that under the above provisions, the right of appeal is 
clearly inferable, if not directly given to any one aggrieved by the refusal of 
the county superintendent to give a certificate, or by the revocation of a certifi- 
cate. The power should, however, be very cautiously exercised and the decision 
of the county superintendent should not be interfered with except in case of a 
clear violation of duty, or when the act was the clear result of passion or pre- 
judice." 

After a careful review of the testimony and the able arguments submitted to 
us, we do not find sufficient reason for reversing the decision made heretofore. 

Affirmed. 
February 4, 1889. HENRY SABIN, 

Superintendent of Pudlic Instruction. 



244 SCHOOL LAWS OF IOWA 

G. W. Davis, et al v. District Township of Linn. 

Appeal from Linn County. 

Appeai,. Will not lie to control the action of a board or of the county superin- 
tendent, where concurrence is provided for. 

Tuition. To enable the districts in which the children reside to collect tuition, 
all the requirements of the law must first be fulfilled. 

At its regular meeting on the eighteenth of March, 1889, the board passed a 
resolution excluding from the privileges of the school, in subdistrict number 
seven, children from the independent district of Laurel Hill, in Jones county, 
who had from time to time for many years, been allowed to attend the school in 
said subdistrict number seven. On the thirteenth of April the board considered 
a petition of parties in the adjoining district of Laurel Hill desiring to send to 
the school in Linn township, and passed an order refusing to admit their schol- 
ars. , From this action, G. W. Davis and others appealed to the county superin- 
tendent, v/ho heard the case on the ninth of May, affirming the order of the 
board. From his decision G. W. Davis appeals. 

The attendance of scholars living in an adjoining district is governed by sec- 
tion 1793. By the portion of the section to which this appeal relates, children 
may attend in another district on such terms as may be agreed upon by the re- 
spective boards. In the history of this case, it is not shown that any action was 
taken by the board of Laurel Hill as to agreement regarding terms of attendance. 
The board of the district township of Linn refused to admit the scholars in 
question. It is from this order, an Initial action, that appeal was taken. 

At the trial before the county superintendent a statement of facts waa 
submitted and was agreed to by both parties to the appeal, as a basis upon 
which the appeal should be heard. At this point the board by its attorney 
filed a demurrer, urging that the county superintendent could not acquire 
jurisdiction; that the action of the board complained of was not subject to 
revision upon appeal and asking the county superintendent to dismiss the case 
for want of jurisdiction. The demurrei' was overruled, the case was tried 
on the agreed statement of facts, and the order of the board aflBrmed. Did 
the county superintendent err in overruling the motion to dismiss the case 
for. want of jurisdiction? We think he did. 

If the boards fail to agree upon terms of attendance, certain conditions ref- 
garding distance from the respective schools being fulfilled, as they are in 
this case, section 1793 Itself provides the next step to be taken. The county 
superintendent of the county In which the children reside may give his con- 
sent with that of the board of the district where the children desire to attend, 
admitting them. But from the refusal of the board to admit the children it is 
held and has been uniformly held in opinions by this department, that appeal 
will not lie. It has always been conceded to be the intention of the law- 
makers to leave with the board of the district in which the school is main- 
tained, the matter of determining finally and conclusively, if it chooses, that 
scholars shall not be admitted under the provisions of section 1793. If its con- 
sent is withheld, neither the courts of law nor any appellate tribunal may set 



SCHOOL LAWS OF IOWA 245 

aside Its order of refusal, and compel it to admit outsiders and accept as com- 
pensation for their instruction the amounts fixed by section 1793. We have 
referred to this matter at such length, because the counsel for the appellant 
urges the claim that the case should be remanded for a new trial. 

We are compelled to find that there are but two methods in law, by which 
attendance in subdistrict number seven may be secured for their children by 
the appellants. The two boards may agree as to the terms of attendance. Or 
after they have refused to agree the concurrent consent of the county super- 
intendent of Jones county and the board of the district township of Linn, will 
entitle the children to attendance and bind their home district for the ex- 
penses of their instruction in the manner provided by section 1793. But appeal 
will not lie to control the action of either board or of the county superin- 
tendent. Reveesed and Dismissed. 

HENRY SARIN, 

August 6, 1889. Superintendent of Public Instruction. 



ISHAM WaTKINS v. IndEPENDEjNTT DISTRICT OF EmpIKE. 

Appeal from Marion County. 

Appeal. An appeal will not lie from an order of the board initiating a change 
In boundaries, where the concurrence of the board of an adjoining district is 
necessary to effect the change. 

Appeal. Where changes are effected In district boundaries by the concurrent 
action of two boards, appeal may be taken from the order of the board con- 
curring or refusing to concur, but not from the order of the board taking 
action first. 

Jurisdiction. The jurisdiction of an appellate tribunal is not greater than 
that of the board from whose action the appeal is taken. 

On the sixteenth of September, 1889, the board of the Independent district 
of Highland determined to notify Isham Watkins of Empire district, that his 
children could not any longer attend the school In Highland district. The 
records show that it was willing that he should be attached to Highland dis- 
trict. This was taken as an Initiatory movement. Isham Watkins petitioned 
the board of the Empire district to set off the north half of northeast quarter 
of sections 25, 75, 21, to the Independent district of Highland. The petition 
was rejected; in effect the Empire board refused to concur. An appeal was 
taken to the county superintendent, who ordered that the northeast quarter 
of northeast quarter of section 25 be detached from the independent district 
of Empire and attached to the independent district of Highland. 

Of the several questions involved In this case It is necessary to discuss 
only one. Did the county superintendent exceed his jurisdiction? The board 
of Highland initiated an action. The board of Empire district must either 
concur or non-concur, and from Its action an appeal could be taken. If it did 
not choose to accede to the proposition of the Highland district, then action 



246 SCHOOL LAWS OF IOWA 

in that particular ended with its vote to non-concur. If it had a different 
proposition to make, as for instance granting forty acres, it could only initiate 
a movement to that effect and leave it for Highland district to act, and from the 
action of the latter board an appeal could then be taken. 

In this case the county superintendent initiates a new action, and leaves 
it for Highland district to act. Now, if this action is allowed to stand, anyone 
aggrieved may take an appeal from the action of the board of the Highland 
district. He would then have an appeal brought before the county superin- 
tendent from an action which he himself initiated. It might be further agreed 
that if the county superintendent has original jurisdiction, then this appeal 
can not lie, as an appeal can be taken only from the order of the board com- 
pleting the action. The precedents established have been followed closely by 
this department and we can see no reason for breaking away from them. 

It is held that in cases requiring the concurrent action of two boards, the 
board completing the action can only concur or non-concur. Any action in- 
volving a new proposition initiates a new case, which must be passed upon by 
the other board concerned in the matter, and from which an appeal can be 
taken. It is further held that the county superintendent upon appeals is lim- 
ited to reversing or affirming the action of the board completing the action, 
and that he can not assume original jurisdiction and do what the board ap- 
pealed from could not do. 

It seems apparent that Mr. Watkins has not reasonably good school facilities, 
and we regret that we are compelled to set aside the decision of the county 
superintendent. He was actuated by laudable motives and v/as looking for 
the best interests of the children in this case. We are, however, forced to the 
conclusion that the county superintendent erred in assuming original juris- 
diction. Reversed and Dismissed. 

HENRY SARIN, 

March 18, 1890. Superintendent of PuMie Instruction. 



Robert Maxwell v. Disteict Township of Lincoln. 

Appeial from Union County. 

Proceedings. The regularity of all the proceedings will be presumed upon. 
This is true in an especial sense when the records are more than usually 
complete. 

Teacher. In the trial of a teacher the board is bound carefully to protect the 
interests of the district and to seek the welfare of the school, as well as to 
regard the rights guaranteed to the teacher. 

Notice. Appearance at the trial is a complete waiver of notice. 

Records. The record of the secretary must be considered as evidence, unless 
there is proof of fraud or falsehood. 

On the ninth day of December, 1889, the secretary, acting upon a petition 
signed by five residents, called a meeting of the board for December 14th, to 



SCHOOL LAWS OF IOWA 247 

examine the teacher of subdlstrict number eight. A notice was also served 
upon the teacher the same date, signed by the secretary, both the call and the 
notice being spread upon the records in due form. The meeting was held on 
December 14th. The records show that the appellant was present and ob- 
jected to tlie consideration of the charges, as the proceedings were not in ac- 
cordance with section 1734. At tlie same time he demanded a copy of the 
charges and that one week be given him in whicli to prepare his defense, 
whicli demand was complied with and the board adjourned to December 21st. 

If the appellant had moved to dismiss the case it would not have been 
an error to sustain the motion, but he submitted to the jurisdiction of the 
board and obtained a continuance of the case until December 21st. It must 
be held that by this action he waived any defect or irregularity in the jurisdic- 
tion of the board in this case. The purpose and object of the process, as 
pointed out in section 1734, was fully accomplished. See Wilgus et al. v. 
Gettings et al., 19 Iowa, page 82. At the meeting held December 21st the board 
voted to discharge the teacher. An appeal was talten to the county super- 
intendent, who affirmed the board. The appellant appeals to the superin- 
tendent of public instruction. 

The only question before the county superintendent was whether the 
renditions as prescribed in section 1734 were fully complied with. It is alleged 
that while the teacher was present he was not allowed to make his defense. 
The secretary's transcript furnishes the only means of determining this. The 
records show that he was allowed to cross-examine witnesses, and they do 
not show that he was barred from offering evidence had he chosen to do so. 
There can be no question of the power of the board under the law to discharge 
the teacher. It is held in the case of KirJcpatricTc v. Independent District of 
Liberty, 53 Iowa, 585, that the board does not act as a court, in any strict 
sense, and is not bound by the rules applicable to a court. The intent of the 
statute is evidently, while it guards carefully the rights of the teacher, to en- 
able the board to discharge a teacher who, after a careful investigation, is de- 
termined to be unfit for the position. It is termed "a simple and inexpensive 
way of determining rights." It is claimed by the counsel for the appellant 
that Avhen a certain mode is prescribed in determining a case not in the usual 
course of the common law, such mode must be followed, and reference is made 
to the case of Cooper v. Sunderland, 3 Iowa, 125. But it is held in the same 
case that when sufficient appears on the face of the records to give it jurisdic- 
tion under the law conferring the power, then the presumption attaches in 
favor of the remainder of the proceedings of the court. If the action of the 
appellant in appearing for trial gave the board jurisdiction, then all the pro- 
ceedings must be held to be regular. The discharge of a teacher is largely 
within the discretionary power of the board. It is" to guard the rights of the 
district and the interests of the school, as well as the rights of the teacher. 
After a full and fair investigation it is its duty to act as it deems best, under 
all the conditions and circumstances of the case. See Smith v. Township of 
Knox, 42 Iowa, 522. This being the case, it is the duty of the county 
superintendent not to interfere with the action of the board unless he is con- 
vinced that it in some way abused its discretion. He is right in sustaining the 



248 SCHOOL LAWS OF IOWA 

board, even though as an individual he would have preferred some other action 
on its part. 

Our conclusion is, after a careful consideration of the matter and after 
reading the transcript with unusual care, that the defendant had a fair and 
impartial trial, and that the terms of the law were substantially complied with. 
The decision of the county superintendent is Affirmed. 

HENRY SABIN, 
June 12, 1890. Superintendent of Public Instruction. 



Elisha and Elda Tanner v. Independent District of Clarence. 

Appeal from Cedar County. 

Affidavit. A technical error in the affidavit not prejudicial to either party 
will not defeat the appeal. 

Affidavit. The affidavit may be amended when such action is not prejudicial 
to the rights of any one interested. 

School Privileges. The law is to be construed in the interest of the child. 
The actual residence of the scholar at the time will establish the right to at- 
tend school free of tuition. 

The board excluded Elda Tanner from school until such time as her tuition 
is paid, on the ground that she is a non-resident pupil. The county superin- 
tendent, on appeal, reversed the action of the board and appeal was taken 
to the superintendent of public instruction. It was claimed before the county 
superintendent that inasmuch as the affidavit upon which the appeal was based 
was without the seal of the notary public, that there were no grounds upon 
which the appeal could be legally based. While it is true that the notarial 
seal is necessary to constitute an affidavit, in this case the notary public was 
present at the time of trial and under oath testified that the omission of 
the seal was only an oversight on his part, and that the persons therein desig- 
nated did make oath to the paper and affix their signatures to it in his presence, 
then he also there affixed the notarial seal. It is held that since no interests 
were prejudiced by the error which at the best was only technical, the county 
superintendent did not commit an error in overruling the motion to dismiss 
the case. 

The allegations of facts made by Elda Tanner are that she is sixteen years 
of age, that her father and mother have parted, and that for ten years or more 
she made her home in the family of Mrs. McCartney in Massilon township. 
Before she came to Clarence she had an understanding with her father that 
she was to care for herself thereafter. She also claims that being thus emanci- 
pated from her father's control, she chose to become a resident of Clarence, 
and as an actual resident of that school district is entitled to the privileges 
of school under the provisions of section 1794, 

It is of interest to ascertain how far such an agreement constitutes eman- 
cipation of a minor child. It is held In 1 Iowa, 356, that in the absence of 
statutory requirements such em,ancipation need not be evidenced by any formal 



SCHOOL LAWS OF IOWA 249 

or record act, but may "be proved like any other fact. The evidence of Elda 
Tanner in this case Is corroborated by that of her father, and of Mrs. Mc- 
Cartney, who was present during the conversation. We are disposed to hold 
that Elda Tanner under the facts as sworn to before the county superin- 
tendent was at liberty to choose such a place of residence as seemed to her 
most fitting. The evident and beneficent intent of the law is that no child 
shall be deprived of school privileges. The father of a family may move into 
the district from an adjoining State, and although certain time must elapse 
before he is entitled to vote he may place his children In school the very 
day he arrives. In the same spirit it has been held that children living in 
families in which their work compensates for their board, are actual re.sidents 
and are entitled to school privileges. The law is to be construed in their in- 
terests. The district is entitled to have such children enumerated, if they are 
thus actual residents at the time the school census Is taken. We do not under- 
take to decide that parents or guardians can transfer children from one district 
to another for school purposes alone, but only that those who are actual resi- 
dents under the provisions of the law may attend school without the paj'ment 
of tuition. While it is true In general that the residence of a child is the 
same as that of the pa,rents or guardian, the law evidently contemplates ex- 
ceptions to this general rule and leaves the right to attend school to be estab- 
lished by the actual residence of the child. Any other construction would not 
be in accordance with the spirit of the law, and would deprive many children of 
the right to attend the public schools. 

In this case the question of residence Is largely one of intent. The testimony 
of Elda Tanner is to the effect that she was at the time of attendance an actual 
resident of Clarence, and had no other residence. It was competent for the 
board to disprove this, but we do not find the evidence to that effect con- 
clusive. 

It is held that the board erred In excluding Elda Tanner from school and 
the decision of the county superintendent Is Affirmed. 

HENRY SABIN, 
April 24, 1891. Superintendent of Puilic Instruction. 



J. C. Reed et al v. Distbict Township of Eagle. 

Appeal from Sioux County, 

StTBDisTBicTS. The board should be encouraged In forecasting a general plan 
looking toward an ultimate regularity in the form of subdistricts. 

ScHooLHOusE. There is no limitation in law as to the number of scholars 
to be accommodated, in order that the board may provide a schoolhouse. 

Subdistricts. Should be. If possible, compact and regular in form. In well 
populated district townships two miles square is considered a desirable area 
for each subdistrlct. 

Subdistricts. It Is very Important that subdistricts should be regular In form, 
and that where it is possible schoolhouses should be located at or near geo- 
graphical cental's. 



250 SCHOOL LAWS OF IOWA 

Boundaries. In the determination of district and subdistrict boundaries, tem- 
porary expenditures and individual convenience should be subordinated to the 
more important considerations relating to simplicity of outline, compactness 
of shape, uniformity of size, and permanence of sites and boundaries. 

The above named district township coincides with a congressional township 
and consists of a single subdistrict. Portions of the district are yet sparcely 
•settled. The board seems to have projected a plan to so locate schoolhouses 
when they must be supplied, that ultimately the township shall have nine 
subdistricts, each of four sections. 

On the sixteenth of March the board ordered a schoolhouse built at the 
center of the square of four sections in the southeastern corner of the township. 
From this action J. C. Reed appealed to the county •superintendent, who 
affirmed the order of the board. From this decision Mr. Reed appeals. 

It was urged before the county superintendent that the board was prevented 
by the law from building a schoolhouse for the accommodation of a less num- 
ber than fifteen of school age. The question now to be determined is whether 
the county superintendent erred in affirming the order of the board. 

The board seemed to have outlined a policy of regarding each four sections 
as a separate division, to be provided with school advantages by itself. So far 
as forecasting the probable form of subdistricts to be created in the future, we 
think the board might be guided in the location of schoolhouses at the present 
time by such policy, in order that ultimately each subdistrict will have the form 
desired and each school house will be located so a's best to accommodate all 
patrons. 

But while matters are in this progressive condition, we think the law does 
not confer power upon the board to apply the limitations of section 1725, and 
decide that until fifteen of 'school age are to be accommodated by the school- 
house to be built no house can be erected. In this case for instance there is 
but one single subdistrict. The board may create other subdistricts provided 
fifteen of •school age are included within the boundaries of each one so formed. 
But the board is not prevented from building more than one schoolhouse in 
any subdistrict. See 69 Iowa, 533. In the absence of specific instructions in 
connection with the voting of the taxes by the electors, the board is empowered 
to locate sites where in its judgment, a schoolhouse seems to be most demanded. 

We are unable to find from the evidence any reason to disturb the finding 
of the county superintendent and his decision is therefore Affirmed. 

HENRY SABIN, 

July 3, 1891. Superintendent of Puhlic Instruction. 



E. A. Sheafe v. Independend District of Center. 

A^ppeal from Wapello County. 

TEACfHER. As an employee of the district the teacher may justly claim and ex- 
pect to receive the official assistance and advice of the board. 

Teacher. The law insures the teacher a fair and impartial trial before he may 
be discharged. 



SCHOOL LAWS OF IOWA 251 

The history of this case presents nothing unusual. The board voted to dis- 
charge the teacher upon certain preferred charges. The teacher appealed to 
the superintendent, who reversed the action of the board. The board appeals. 

Section 1757 sets forth plainly the nature of the contract which is the evi- 
dence of agreement between the board acting for the district as one party, and 
the teacher as the other party. Section 1734 prescribes the only method 
by which the board may terminate the contract in advance or discharge the 
teacher. Both parties are equally bound by this contract, and as the board 
is a continuous body, the election of an entire new board does not change the 
relations of the contracting parties. But inasmuch as the directors also act 
as judges whose duty it is to decide whether the contract shall be terminated, 
being themselves parties to the contract, it becomes them to weigh the evidence 
in the case with the greatest care and to give the teacher the benefit of any 
reasonable doubt. In the present case the forms of the law were complied 
with, and the teacher was permitted to be present and make his defense. 

The transcript sent up by the county superintendent shows that one of the 
complaints upon which the teacher was tried was signed by Jacob Ream, who 
also is one of the directors and acted as one of the judges in the case. This 
is strong presumptive evidence of prejudice on the part of one of the judges 
at least, and this evidence is strengthened by the fact that Jacob Ream is the 
father of John Ream, whose punishment is made a matter of complaint. It 
is further strengthened by the fact brought out in evidence, that the present 
board was elected for the purpose and with the intent of displacing the 
teacher. The law is very careful to guard the rights of the teacher and 
to insure him a fair trial. That certainly can not be considered a fair trial 
in the eyes of the law, in which one of the judges who is to give his vote for 
acquittal or conviction is a complainant in the case and is as ready to pro- 
nounce the verdict before he hears the testimony as afterward. 

The board invited the teacher to resign at its first meeting, and upon his 
refusal it proceeded at once to take steps to discharge him. Under certain 
circumstances this might be right, when necessary to relieve the school from 
a teacher proved to be incompetent or immoral. But general dissatisfaction as 
alleged in the petition or the desire to hire a lady teacher for the summer 
term, or to lessen the expenses of the district, can not be held to form any 
reason for discharging the teacher. The alleged punishment of the two boys 
is not proved in either case to have been unreasonably severe, to have been 
inflicted in passion, or to have resulted in any permanent injury. These pun- 
ishments happened some weeks before and any complaint should have been 
made to the old board. 

It does not appear necessary to enter any further into the merits of this 
case. It is held that no error was committed in reversing the action of the 
board and the decision of the county superintendent is therefore 

Affirmed. 
HENRY SABIN, 
October 20, 1891. Superintendent of Public Instruction. 



252 SCHOOL LAWS OF IOWA 

C. A. Webstee v. Independent Disteict Numbee Seven. 

Appeal from WinnesMeTc County. 

DiscRETioNAKY AcTs. To warrant interference with a discretionary act, alDUSd 
of discretion must be proved beyond a reasonable doubt. 

DiscEETioNAEY AcTs. It is not the province of an appeal to discover and to 
correct a slight mistake. The board alone must bear any blame that may 
attach to a choice deemed by appellants somewhat undesirable, but not an un- 
wise selection to such a degree as to indicate an abuse of the discretion ordi- 
narily exercised, 

DISCEETIONAEY AcTS. In the absence of proof that the board has abused the 
authority given it by the law, its orders will not be set aside, although another 
decision might to many seem preferable. 

JuEisDicTioN. When its order is affirmed, ihe board is left free to take another 
action, if thought best. 

On the third day of October, 1891, the board relocated the schoolhouse site 
in independent district number seven, Burr Oak township. Appeal was taken 
to the county superintendent, who reversed the action of the board which 
ordered the house removed to the new location. From this decision John Knox, 
president of the board, appeals. 

The proceedings in this case are entirely regular. It is not claimed that 
there was any direct violation of law, nor that prejudice or improper motives 
In the least influenced the action of the board. The very common complaint 
that the discretion vested in the board by the law had been abused was vir- 
tually the only error urged. 

The only question for us to determine is the single one as to whether the 
county superintendent was warranted in setting aside the order of the board. 
Unless the evidence clearly sustains his conclusions we shall be compelled 
to reverse this decision. But if the evidence shows plainly a gross abuse of dis- 
cretion on the part of the board, then we must affirm. 

Where an abuse of the large discretion vested in the board is urged, to 
warrant interference by an appellate tribunal, such abuse must be proved con- 
clusively. The testimony must disclose so fully the nature of the unwarranted 
action as to leave no reasonable doubt. The acts of a board must be presumed 
to be correct, and they are entitled to the benefit of every doubt. Unless It is 
fully apparent that the discretionary power of the board has been abused 
to such an extent as to render interference necessary, it is the duty of the 
county superintendent to allow the act of the board to stand, although he may 
differ from the board very strongly as to the desirability of the order In ques- 
tion. In this connection, attention is called to appeal decisions found on 
pages 35, 82, 90, 100 and 135, School Law Decisions of 1888. 

In this case while the testimony shows that the removal of the site se- 
lected will bring the schoolhouse quite a distance south of the center of the 
district. It is not in evidence that a suitable site might have been found 
nearer the center. It must be presumed that the board carefully weighed 
all the reasons in favor of and against the site chosen, and also that It 



SCHOOL LAWS OF IOWA 253 

endeavored to find the best site. The evidence is by no means conclusive that 
it did not select the best site obtainable. If in the opinion of the people an 
error has been made, it rests with the electors to choose a board favoring an- 
other location. 

It is with reluctance that we reverse the decision of the county superin- 
tendent. There can be no question that he intended to seek substantial justice 
for the people of the district. This decision does not prevent the board, if 
thought desirable to do so, from reconsidering the action by which the new 
site was chosen and selecting a different site. But we can not find that the 
evidence supports the county superintendent in overruling the order made by 
the board and his decision is therefore Reversed. 

J. B. KNOEPFLER, 
February 26, 1892. Superintendent of Public Instruction. 



R. G. W. FoBSTTHE V. Independent District of Kirkville, 

Appeal from Wapello Countif. 

Appeal. Where the changes are effected in district boundaries by the con- 
current action of two boards, appeal may be taken from the order of the 
board concurring or refusing to concur, but not from the order of the board 
taking action first. 

Teeritoey. All territory must be contiguous to the district to which it belongs. 

Jurisdiction. In change of boundaries by two boards, an appellate tribunal 
acquires only the same power possessed by the board from whose action appeal 
is taken, and may do no more than aflarm the order, or to reverse and do what 
the board refused to do. 

Petition. A petition may be used to bring to the attention of the board the 
kind of action desired by the petitioners, but a board may act with equal 
directness without such request. 

The board of the above named district refused to concur in the action of 
the board of the district township of Richland, offering to transfer certain 
territory to the independent district. Mr. Forsythe, desiring the transfer, ap- 
pealed to the county superintendent, who reversed the action of the board and 
ordered the transfer of the territory under consideration by the two boards, 
with the exception of the northwest quarter of the southwest quarter of sec- 
tion eighteen, which the county superintendent directed should remain a part 
of the district township of Richland, and also ordered the transfer of the 
northwest quarter of section eighteen, which would otherwise be cut off from 
the district township to which it belongs. From this decision L. Jones, presi- 
dent of the board of the independent district of Kirkville, appeals. 

This case turns on the pov^rer of the county superintendent to modify the 
order appealed from in the manner done by him. It is true that even if the 
board of the independent district of Kirkville had concurred in the transfer 
of the territory released by the other board, such order would not have been 



254 SCHOOL LAWS OF IOWA 

in conformity with the spirit of the law, because forty ■ acres would then 
be left belonging to the district township of Richland and not contiguous to 
the remainder of the district. The county superintendent was led to conclude 
that the forty acres in question should be transferred, if any change of boun- 
daries was made. But could the county superintendent so determine in this 
appeal? We think not. The board of the independent district might concur 
or refuse to concur. They might refuse to concur, and initiate a new propo- 
sition which the board of the district township could act upon, when appeal 
would then lie from the last action. But an attempt to change the order origi- 
nally made would render it necessary to have such new action considered by 
the other board, before becoming effective, or even in order that the action 
could be brought within the power of the county superintendent to consider 
on appeal. For in a case of this kind no matter can come into the case on 
appeal, unless the second board, the one last acting, concurs or refuses to 
concur in the order initiated or proposed by the board first taking action. 

It follows then that the county superintendent having only appellate juris- 
diction, could not assume original jurisdiction and do what the board from 
whose action the appeal was taken could not have done. Therefore we are 
compelled to hold that the county superintendent did not have the power to 
decide that the northwest quarter of the northwest quarter of section eighteen 
should be transferred. 

A careful investigation of the transcript leads us to believe that perhaps 
such a change of the boundaries as would transfer the residence of Mr. Forsythe 
to the independent district, might be desirable. Of course such transfer would 
include entire forties of land, and no territory could be separated from the dis- 
trict to which it should belong. Whether any change is best, must be deter- 
mined by the boards interested, the action of the board last acting being sub- 
ject to correction on appeal. In order that the matter may come again without 
prejudice to the attention of the boards, the decision of the county superin- 
tendent is reversed and the case remanded to him to be reopened and heard 
again. We think he will be compelled by necessity to affirm the decision of 
the board of the independent district of Kirkville, in refusing to concur in 
the transfer proposed by the district township. This will leave all matters as 
nearly as possible in the same condition they were before any action was taken. 
It will then be in order for either board at any time to initiate such a change of 
boundaries as may seem demanded. There is no absolute necessity for a pe- 
tition or request. A petition may be used to bring to the attention of the 
board the kind of action desired by the petitioners, but a board may act with 
equal directness without such request. Reversed and Remanded. 

J. B. KNOEPFLBR, 

April 6, 1892. Superintendent of Puhlic Instruction. 



J. A. Claxton v. Independent District of Holmes. 
Appeal -from Fayette County. 
SCHOOLHOUSE SiTE. The necessities of the present must be observed in locating 
schoolhouse sites, in preference to the probabilities of the future. 



SCHOOL LAWS OF IOWA 255 

ScHooLHOusE SiTE. The prospective wants of the district may properly have 
weight in determining the selection of a site, when such selection becomes 
necessary, but not in securing the removal of a schoolhouse now conveniently 
located. 

On the twenty-first of March, last, the board, by two affirmative votes to 
one negative, relocated the schoolhouse site at a point eighty rods west of the 
present site. From this action J. A. Claxton appealed. The county superin- 
tendent reversed. D. S. Thompson now appeals to this department. 

The proceedings in this case appear to be entirely regular. There was no 
violation of law. Appellant does not allege malice or prejudice. Therefore 
abuse of discretion was the only point to be considered by the county super- 
intendent. He decided, after a full hearing of the case, that there had been 
abuse of discretion sufficient to warrant him in reversing the board's order. 
It is for us to review the testimony on which he made this decision, and the 
argument offered in the appeal before this tribunal. 

In cases such as the present, the question for an appellant tribunal to de- 
termine is not which of the two sites is the better, but whether the site selected 
is under existing and prospective conditions of the district, at all fit and suit- 
able for a schoolhouse site, as well as fair to the patrons. And to determine 
this, various factors must be taken into consideration. There should be un- 
usually strong reasons for abandoning a site provided with a good well, espe- 
cially if the new site is on lower ground as in the present case, where good 
water may not be procurable. Trivial differences in distance should not usually 
be allowed to lose to a district the value of shade trees already well advanced. 
Wells and trees cannot be removed, and with the latter, it not only makes 
expense, but requires years to replace them. However, in all this, and in the 
doubt that is raised whether the new site is a fit one at all on account of being 
low and wet, we are disposed to give the board the benefit of the doubt. 

Counsel for appellant states that the little village of Donnan, in the north- 
western part of the district, is certain to grow considerably in the near future 
because of being at the junction of two railroads, and that therefore it should 
have better school facilities than are afforded by the old site. Taking the 
premises in this reasoning as correct the conclusion is sound, only that it does 
not go far enough. Donnan village would demand better school facilities than 
even the new site would afford. It would ask to be set off in an independent 
district and have its own local school, taking with it more or less of territory 
off the west side of the Holmes district. This would leave the schoolhouse on 
the new site considerably too far west of the geographical center and center 
of population of the district as it would then be left, especially so since many 
of the residents in the eastern half live in the extreme eastern limits of the 
district. 

Therefore, taking all these things into consideration, while fully realizing 
how reluctant this department has always been to interfere with the dis- 
cretionary acts of a board, we think it will be better for the schoolhouse to 
remain on the old site for the present. When a north and south highway shall 
have been actually constructed and its location thus made certain, and when 
the necessities of the northwestern portion of the district shall be more definitely 
understood, it will be easier to determine the needs of the district, and choose 



256 SCHOOL LAWS OF IOWA 

a site that shall "be permanent, if remove-d from the present site. The board 
may then, if it sees fit, take action again on the question of relocation. The 
decision of the county superintendent is hereby Affirmed, 

J. B. KNOEPPLER, 
November 23, 1892. Superintendent of Puhlio Instruction. 



OLE Thompson et oJ. Y. District Township of Belmond. 

Appeal from Wright County. 

Testimony. Opinions unsupported by facts do not become satisfactory evi- 
dence. 

Discretionary Acts. The order complained of Is reviewed not to discover the 
desirability of the action, but to detei-mine whether sound reason and wise 
discretion were followed. 

Discretionary Acts. The fact that some other action would have been desir- 
able or preferable does not establish that the board abused its discretion. 

Board of Directors. Its action is presumed to be correct and for the interest 
of the district, until proved to be otherwise. 

Discretionary Acts, In the determination of appeals, the weight which prop- 
erly attached to the discretionary actions of a tribunal vested with original 
jurisdiction should not be overlooked. 

This case comes before the superintendent of public instruction on appeal 
taken by John- L. McAlpine from the decision of the county superintendent 
reversing the action of the board in refusing to create certain additional sub- 
districts as prayed for in a petition. 

The point at issue is a simple one, being merely a question of discretion 
on the part of the board as to whether it was best to take or not to take a 
certain action. The decision of the county superintendent compels the board 
to do what it did not deem wise or necessary. Doubtless there are instances 
when such a ruling on the part of the appellant tribunal is needed. But does 
the evidence warrant such a decision in the present case? The affidavit bringing 
the case before the county superintendent does not allege violation of law, or 
prejudice. Neither does such appear in the testimony. The law gives boards 
very wide latitude in the exercise of their discretionary powers. Not infre- 
quently cases arise in which an appellate tribunal would sustain their dis- 
cretionary action whether they granted or refused to grant a given petition, 
there being no manifest abuse of such discretion in either action. In any 
event, the action of a board is presumed to be correct and for the interest of 
the district until proved to be otherwise. Mere opinions of witnesses that a 
different action would have been preferable can not be accepted as evidence. 
Statements of facts and existing conditions must be given. Even then the 
fact that some other action would have been desirable or preferable does not 
establish that the board abused its discretion. It must be shown that the action 



SCHOOL LAWS OF IOWA 257 

complained of is an injury to the district or does gross and needless injustice 
to the patrons thereof. The decisions in this line by our predecessors are nu- 
merous and pointed, and we fully concur in the position taken. 

In the present case the evidence does not show that any one is made to 
suffer injustice by the board's action. Ample provision has been made to ac- 
commodate all of the pupils of the territory in question with school privileges. 
It is not in evidence that the formation of three subdistricts out of the one 
would improve these facilities, since the subdistrict now has three school- 
houses located for the convenience of the respective portions of said sub- 
district. 

For the county superintendent, or the state superintendent, to render a de- 
cision invariably as he would have voted had he been a member of the board, 
is not what the law intends when clothing these officers with authority to try 
and decide appeals. Malice, prejudice, violation of law, is the board guilty 
of any of these. Or has it gone beyond sound reason and wise discre- 
tion in taking or refusing to take a given action? These are the questions for 
both tribunals to inquire into. 

While we believe the county superintendent endeavored conscientiously to 
hear and decide the present case fairly, yet in the light of the foregoing reason- 
ing we do not find that the evidence discloses grounds sufficient for refusing to 
affirm the board, and the decision of the superintendent is therefore 

Reversed. 
J. B. KNOBPFLER, 

March 11, 1893. Superintendent of Public Instruction. 



J. 0. Severeid and John Stenberg v. Ind. District of Fieldberg. 

Appeal from Story County. 

School Privileges. Are not guaranteed children elsewhere than in the district 
of their residence. 

School Privileges. To the fullest extent possible, the board should equalize 
the distance to be traveled to school. 

School Privileges. Attendance in another district depends upon the board of 
that district, and must therefore be regarded as a contingency. 

The transcript in this case shows that on March 20, 1893, the board in 
answer to a petition relocated the school site and made an order to move the 
schoolhouse on the site selected, the latter being more than three-fourths of a 
mile north of the present site. John 0. Severeid and John Stenberg appealed 
to the county superintendent, who affirmed the order of the board. The same 
parties now appeal to the superintendent of public instruction. The essence 
of affi-davit filed by appellants is abuse of discretion by the board because 
several families will be compelled to go two miles or more to reach the 
schoolhouse on the new site. 

17 



258 SCHOOL LAWS OF IOWA 

The district consists of four sections in the southwest corner of Palestine 
township. The schoolhouse as now located is in the geographical center of the 
district and within a distance of one and three-fourths miles from the most 
remote patrons. In the northern part of the district, in fact, on the extreme 
northern boundary, lies the village of Huxley. It is in the edge of this village, 
and therefore almost in the limits of tke district, that the new site has been 
selected. Two of the directors residing in said village and being the two who 
voted for the new location. The district has a school enumerating sixty-eight 
of whom about forty live In Huxley. These pupils have been going to the cen- 
ter of tke district, where the schoolhouse now Is, a fraction over one and one- 
fourth miles. For the better accommodation of these pupils the removal was 
ordered. While some attempt is made to show that the site chosen is unfit, 
that the cost of moving will be excessive, and that there was undue prejudice, 
we do not find that any of these charges are sustained. We may therefore con- 
sider merely the element of distance to the new site. It is in evidence that 
some of the school patrons will have to travel two and one-fourth miles to reach 
the new site, while there are five families with nine children whose distance will 
be over two miles, also that about twenty-nine children at present will be un- 
favorably affected and about thirty-seven favorably. While the new site will 
accommodate a majority of the pupils, still it is considerably north of the 
center of population. The board and the petitioners seemed to realize clearly 
that the contemplated site would leave several families at a great disadvantage 
as to Bckool privileges, since they state that these families can be accommodated 
in other districts. They realized that an injustice would be done if these 
families should be compelled to travel to the new site for school conveniences. 
But there is nothing offered in evidence to show how said patrons can be accom- 
modated elsewhere. It is not shown that they will be as near even another 
school as to their own, provided they might attend such a school. For aught 
that appears in the evidence, they may be three or more miles from any otker 
school. Even If there be one nearer, there is no positive evidence that the 
board has made arrangements for the schooling of said pupils in another school, 
or even that it can make such arrangements. Witnesses say that they think 
said pupils could attend in some other district, but this belief merely can not 
be received as satisfactory evidence on this point. What are the probabilities 
that such provisions can be made for the children of the five families under 
consideration? The territory on which these families reside can not be set off 
to another district for the reason that territory can not be detached to districts 
in a different township, as would be necessary in this ease. Neither is it legal to 
reduce Independent districts to less than four sections except in special cases. 
See chapter 133, laws of 1878, as amended by chapter 131, laws of 1880, page 
84, S. L. 1892. 

The board is not sure of securing school privileges for said pupils elsewhere 
without such transfer of territory, because it will require the concurrence of 
another board which may absolutely refuse. In any event the board of Field- 
berg independent district is not able to guarantee school privileges to these 
families elsewhere than In their own district, since the matter does not rest 
wholly In its own power. While the law does not, as many suppose, prescribe 
a maximum distance for school travel, yet by permitting provisions to be made 



SCHOOL LAWS OF IOWA 259 

under given conditions for children to attend other schools than their own 
when they live more than one and one-half miles from the latter, it is evident 
that the legislature regarded this distance about as far as a child should travel 
to reach school. 

It is the duty of tke board to furnish reasonable facilities in its own district 
for all the children thereof. Even a minority of only five families has rights 
and claims which may not be ignored. To give a majority of the district lo- 
cated in a village convenient school privileges by practically cutting off others 
entirely from any privileges of education, we believe after long and careful 
study to be an abuse of discretion sufficient to warrant reversing a board taking 
such action. The distance these families will be compelled to travel to school 
will be such as largely to deprive them of their just rights in the matter of 
enjoying school accommodations. 

We are aware that this department has ever stood for sustaining the dis- 
cretionary acts of a board. In this case, however, we believe that abuse of 
discretion has been fairly proven by the appellants. Doubtless the board had 
not fully considered the fact that rights of appellants could not be so ignored 
in the effort to improve the school conveniences of other parts of the district, 
or did not consider that providing school privileges for appellants in some 
other district is hedged about with such complications and uncertainties. The 
case Is different from what it would be had theirs been a district township In- 
stead of an independent district. In the former case the matter would be much 
more In its own hands. It could rearrange boundaries to accommodate those 
at too great a distance from the new site, a matter which the board In the 
present case can not do. If It was satisfactorily established that said families 
had been or could and would be permanently provided with better school facili- 
ties elsewhere, such accommodations being annually dependent upon conditions 
in the district In which they might desire to attend, especially in the disposi- 
tion of each new board, it would have been a comparatively clear case for 
affirming the action of both board and county superintendent. Because the 
distance of five families is to our mind needlessly increased and their school 
privileges nearly cut off, and because there is no proof that another school Is 
nearer, with provision that they could attend such school, if there is one, and 
it seeming quite doubtful whether such provision can be made at all, we feel 
that the Interests of said families should be protected. We have no reason to 
question the intentions of any parties connected herewith. We simply state 
that in our opinion the board did not consider the difficulties in the matter of 
providing school facilities for the five most distant families. 

The decision of the superintendent is Revebskd. 

J. B. KNOEPFLER, 

August 14, 1893. Superintendent of PuhliG Instruction. 



Bbadfobd Ingbaham v. Distbict Township of Haetfoed. 

Ap'peal from Iowa County. 

ScHooLHOusE SiTB. It Is not the province of an appeal to determine which of 
two sites Is the better. 



26b SCHOOL LAWS OF IOWA 

Testimony. If selfish or other improper motives are complained of, the testi- 
mony mu'st show such facts conclusively. 

The history of this case is brief. March 20, 1893, the new township board 
having then just organized, on motion appointed a committee of three to re- 
locate the site of schoolhouse in subdistrict number eight, said site to be near 
the geographical center of said subdistrict. On the twentieth of May, at a 
special called meeting, it was moved to reconsider the motion to relocate the 
schoolhouse in subdistrict number eight, which motion was carried. By an- 
other motion the committee appointed at the former meeting: was discharged. 
It is from this action of the board on May 20th that Bradford Ingraham ap- 
pealed to the county superintendent, and from the latter's decision affirming 
the action of the board to the superintendent of public instruction. 

In his affidavit, Mr. Ingraham alleges that the board was influenced by selfish 
motives and further alleges in effect that the board abused its discretionary 
powers. The abuse of discretion, if such it is, consisted in the unequal distance 
of travel from the different parts of the subdistrict to the schoolhouse. A care- 
ful reading of the case as filed in the transcript fails to disclose any selfish or 
improper motives on the part of the board, and we dismiss this charge without 
further comment. 

Counsel for appellant discusses at some length the effect of a vote to recon- 
sider, and then not reconsidering, not voting on the former motion. It is 
claimed that the board merely voted to reconsider former motion to relocate, and 
that no further action being then taken, the motion to relocate remained before 
the board until it should be acted upon one way or the other, or that not being 
taken up within a month, it was terminated, leaving the previous action thereon 
in force. Counsel for appellees claims if the first be true, then the case should 
have been dismissed, as no action had been taken from which to appeal. 

Technically the vote to reconsider' the former motion placed said motion be- 
fore the board again, as if it had not been voted on, and left it ready for de- 
bate and adoption or rejection. But it is clear that the board intended to rescind 
its former action and evidently understood the word reconsider in the sense of 
rescinding. It is quite a common misapplication of the word. That this was 
the intention is the more conclusive when we note the subsequent vote of the 
board in discharging its committee. 

In providing for appeals before the county and state superintendent, it was 
the manifest purpose of the lawmakers to afford a speedy, inexpensive remedy. 
Stripped of undue technicalities, for certain classes of grievance. Holding this 
view, we must recognize the intent of the board, rather than what it did under 
a technical construction of language. Apparently the board itself made the re- 
location, and appointed a committee chiefly to arrange the details and see to the 
removal of the schoolhouse. At the May meeting no action was taken by the 
board on the report or statement made by the committee. The resolution of the 
board at the March meeting located the site about eighty rods east of the old 
site. The rescinding of this amounted to a new location or to undoing the form- 
er action, a thing they clearly had a right to do. Members of the board had 
changed their views. 

No evidence is introduced to show that either site is in itself unsuitable. It 
is merely a question of distance. It is a question of moving the schoolhouse 



SCHOOL LAWS OF IOWA 261 

away from some and nearer to others. Neither site would seriously discommode 
any one according to the plat sent up with the transcript. It is in evidence 
that only one more pupil would be better accommodated at the new site than at 
the old. It is not the province of this department, nor of the county superintend- 
ent, to determine which of the two sites is the better. An appellate tribunal in 
such cases may determine only whether the board has chosen a grossly unsuit- 
able or unjust and unfair site. If so, the board should be reversed. If not, It 
should be sustained, even though a better site could be found. 

In the present instance no gross injustice is done, no manifest error commit- 
ted. In fact, both sites are good, and we should be compelled to sustain the 
board on appeal in the selection of either the present or new site. We hold that 
the county superintendent committed no error in affirming the action of the 
board when it practically rescinded its former motion for relocation and chose 
to keep the old site. His decision is therefore Affirmed. 

J. B. KNOEPFLER, 

December 21, 1893. Superintendent of Public Instruction. 



W. S. Kenworthy et al v. Independent District of Oskaloosa. 

Appeal from Mahaska County. 

Discretionary Acts. The order of a board should be reversed only upon the 
plain showing that the law has been violated or discretion grossly abused. 

Board of Directors. Has full power to provide and enforce a course of study. 

Rules and Regulations. The burden of proof is with the appellant to show 
that a rule is unreasonable. 

The history of the case is this. The board has a regulation that all pupils 
shall provide themselves with text-books suitable to their grade, and that failing 
to do this they shall be suspended until they comply with the rule. 

The children of the appellants were under this rule suspended from school 
for not being provided with the music books in use in said schools. The parents 
appealed from the ruling of the board to the county superintendent, who re- 
versed the action of the board, and the board appeals. 

It is an established rule that the action of a school board should be reversed 
only upon the showing that it has abused its discretion or violated the law. In 
this case the county superintendent avers that it violated the law in that it did 
not advertise for bids as required by section 5 of chapter 24, Laws of 1890, be- 
fore the music books were adopted. 

There is nothing in the transcript to show that it was acting under the pro- 
visions of this chapter, which it could not do unless so instructed by the 
electors of the district. See section 12 of said chapter. So much of the county 
superintendent's decision as refers to this may then be dismissed from the case. 

It is further claimed that it abused its discretion by adopting an unreason- 
able rule. This is the real question at issue. 



262 SCHOOL LAWS OF IOWA 

With their power to establish and maintain graded schools, all boards are 
invested with the authority to prescribe a course of study in the different 
branches to be taught. It is not our province to determine what the courts 
might hold in this case. They have held that in case a pupil refuses to con- 
form to a course of study as prescribed by the board the proper remedy is sus- 
pension, and not corporal punishment. See 50 Iowa, 145. They have also held 
that a rule suspending a pupil for a certain number of absences or tardinesses 
is reasonable, and may be enforced. See 31 Iowa, 562. It is true that they 
also have held that a pupil may be suspended only for gross immorality or 
persistent violation of reasonable rules. See 56 Iowa, 476. 

In this case it is nowhere shown that the children would in any way be 
injured by the study of music, or that their health or well being demanded 
that they should be excused from the study in question. 

There is fair ground for considering the refusal to purchase the books as a 
failure to comply with a reasonable regulation of the board. The rule of the 
board was made so as to bear with equal force upon all the pupils in the 
school. And in order to make it as little oppressive as possible it offered the 
books at the least expense possible, and that none might be deprived of the 
benefits of the study the board authorized the teachers to loan the text-book 
in music without charge to children whose parents were in indigent circum- 
stahces. 

The law has invested boards with very large discretionary powers, under 
which they may grade the schools and establish such regulations as may seem 
to them best for the interest of the entire school. The burden of proof in this 
case was with the appellants to show that the rule is unreasonable, or that in 
obeying it their children would suffer some hardship. This we think they 
have failed to do, and the decision of the county superintendent is therefore 

Reveesed. 
HENRY SAB IN, 

February 12, 1894. Superintendent of Public Instruction. 



Ella Benson and Belle Robeetson v. Dist. Twp. op Silvee Lake. 

Appeal from, Dickinson County. 

CoNTEACT. It is the province of the courts of law to decide as to the validity 
of a contract. 

County Superintendent. Does not have the power to interpret the legal value 
of a contract. 

This case turns upon the construction to be given to a contract. The valid- 
ity of the contracts in the sense claimed by the appellants is questioned and 
denied by the board. The teachers assert that said contracts are of full force 
for the nine school months named in the contracts, and the board contends that 
no authority was granted by it to any one to contract for more than six months, 
and that therefore the contracts can have no force beyond the term of six 
months. It is the province of the courts of law to decide as to the validity of 



SCHOOL LAWS OF IOWA 263 

a contract. In the trial of an appeal as soon as it becomes clearly apparent 
that the principal issue is of a kind intended by our statutes to be heard and 
determined only by the courts of law, the appeal should be dismissed. As the 
real matter to be decided in this case is what the contracts actually are and 
what force must be given to their essential conditions, it follows that the 
county superintendent did not err in dismissing the appeal for want of juris- 
diction. 

This case is not parallel with Kirkpatrick v. The Independent District, etc., 
53 Iowa, 585, in which it is held that the remedy of a teacher wrongfully dis- 
charged is appeal, and not an action at once in the courts to recover compen- 
sation. In the present case the board did not make an order discharging these 
two teachers, but it is clearly apparent that the county superintendent could 
not review that order of the board without proceeding upon the assumption 
that the contracts had force and validity, and he did not have the power to 
interpret the legal value of the contract. We are compelled to find that the 
only remedy of the appellants is an action In a court of law. The decision of 
the county superintendent is affirmed and the case Dismissed. 

HENRY SABIN, 

August 11, 1894. Superintendent of Public Instruction. 



Samuel Fallon v. Independent District of Fort Dodge. 

Appeal from Webster Count]/. 

Attendance. An actual resident may not be denied equal school advantages 
with other residents. 

BoAED OF DiEECTOES. May adopt its own course to decide the question of actual 
residence. 

Tuition. Failing to substantiate a claim to residence, a non-resident may at- 
tend school only upon such terms as the board deems just and equitable. 

In this case the two sons of the appellant, aged nineteen and sixteen years, 
were refused admission to the schools unless they would pay tuition. They 
claimed to be residents of the district and that they were entitled to the same 
privileges as other residents. Being denied admission they appealed to the 
county superintendent, who affirmed the order of the board. 

The entire case turns upon the fact of the residence of the children. If a 
board concludes that a child is an actual resident, it can not deny him equal 
school advantages with other residents. But if it can not be satisfied that an 
applicant is an actual resident, then it is its duty to make the same require- 
ments that are demanded of other scholars who may be sojourning temporarily 
in the district. 

It will be of interest to inquire as to who may decide definitely the question 
of residence, and as to the manner in which the matter should be considered. 
In view of the fact that the matter has given a great deal of trouble in a 
number of districts, this department has had occasion frequently to submit 
questions involving some phases of the subject to the attorney-general for his 



264 SCHOOL LAWS OF IOWA 

oflEicial opinion. In one of these opinions he uses the following language, 
which we think is quite applicable in this present case: 

"It may be said, that it is nowhere provided in the law what course the 
board of directors shall pursue in determining whether a pupil is a resident 
of the district, nor is the board directed as to the kind of evidence that shall 
be produced, nor as to the manner of producing it in determining such ques- 
tion. In the absence of such a provision directing the board as to its course 
of proceeding in such cases I think that body may adopt any course it sees 
fit, and take any kind of evidence it chooses in deciding this question of resi- 
dence. I think it may make such decision from its own knowledge of facts; 
from the observations of the members; from the statements, sworn or unsworn, 
of parties who have knowledge of the facts, or from any other fair and im- 
partial method of obtaining information bearing upon the point at issue. I do 
not think the board has power to compel the attendance of witnesses, or to 
administer oaths to them; but in gathering its information and in deciding 
the question it must act in entire good faith and with a view to getting the 
exact truth and making its decision according to the very right of the matter." 

It is in evidence that the board in this case acted with deliberation, and it 
is not claimed that it failed to receive any testmony or statements that would 
tend to make a final determination of the matter by it any more clear or con- 
clusive. In reviewing its decision on appeal the county superintendent was 
unable to find that it had abused its discretion, had acted without the fullest 
information within its reach, or had arrived at any other than an equitable 
conclusion. 

This department has continuously held, in interpreting section 1794, that 
the board is to be satisfied that the residence of the scholar is actual. The 
burden of proof rests upon the child v/ho has recently come into the district, 
to establish the fact of residence, "before he can be admitted to school privileges 
free of tuition. Failing to convince the board and to substantiate his claim 
of residence he can attend only upon such terms as the board may deem just 
and equitable. 

In this case we do not find that the county superintendent erred in affirm- 
ing the order of the board requiring the children of Mr. Fallon to pay tuition 
as an essential condition to attendance. His decision is therefore 

Affirmed. 
HENRY SABIN, 

September 1, 1894. Swperintendent of Puhlic Instruction. 



G. O. Rogness v. Disteict Township of Glenwood. 

Appeal from Winneshiek County. 
Appeal. Will lie from an action of the board which is made a matter of record. 

Appeal. May be taken from the action of the board in laying the subject-matter 
of a petition on the table. 

It appears that at a meeting of the board, held September 17, 1894, George 
O. Rogness presented a petition asking that the board redistrict said township, 



SCHOOL LAWS OF IOWA 265 

and also that an extra school be kept for four months in a certain school build- 
ing, situated on the farm of E. Bolson. By vote of the board said petition was 
laid on the table. An appeal was taken to the county superintendent, who 
dismissed the same on the ground that no action was taken by the board 
which could furnish the basis of an appeal. The case comes now on appeal be- 
fore the superintendent of public instruction. 

The only point to be decided is whether an appeal may be taken from a 
vote to lay on the table. The words of the law in section 1829 are that any 
person aggrieved by any order or decision of the board may appeal. The tran- 
script sent up by the secretary in this case reads: "Moved and carried that the 
bill (petition) of G. Rogness be laid on the table." It must be held that this 
constitutes an action on the part of the board. The motion to lay on the table 
was made, was voted upon, was declared carried, and is so recorded upon the 
secretary's book. The above conclusion is in accord with the unvarying opinion 
of this department for a long number of years. 

It is to be noted that in the case cited by counsel for the side of the dis- 
trict, in 71 Iowa, page 634, the supreme court does not attempt to decide what 
constitutes an action. It refers to cases in which the board purposely intend, 
by neglect or refusal, to avoid taking an action or making an order or decision. 
In the case we are now deciding the board made an order, whicJi the secretary 
recorded in the minutes, "that the petition be laid upon the table." The de- 
cision of Superintendent Abernethy (see S. L. Dec. 1892, page 62), that the 
motion to lay on the table "furnishes a convenient method of disposing of the 
matter," appears to be to the point. The right of the board to make such a 
disposition of a case can not be questioned, but it must be regarded as an action 
subject, like any other action, to appeal. 

After studying up carefully the precedents as established by the rulings of 
this department, and reading with equal care the cases cited by counsel, we 
can arrive at no other conclusion. The case is reversed, with the suggestion 
to the superintendent that he remand the case, in order that the board may 
take such further action as may seem fair and just to all concerned. 

Re^^ersed. 
HENRY SABIN, 
January 11, 1895. Superintendent of Public Instruction. 



E. E. Amsden v. Independent Disteict of Macedonia. 
Appeal from Pottawattamie County. 

Affidavit. The affidavit may be amended when such action is not prejudicial 
to the rights of any one interested. 

Affidavit. Must be accepted, if sufficient to give the appellant a standing. 

Appeal. Mere technical objections should not prevent the fullest presentation 
of the merits of the case In the trial of an appeal. 



266 SCHOOL LAWS OF IOWA 

Testimony. Sufficient latitude should be allowed in the introduction of testi- 
mony to permit a full presentation of the issues involved, even if irrelevant 
testimony is occasionally admitted. 

There are certain facts in this case concerning which there is no disagree- 
ment. The board of directors contracted on the twenty-sixth day of March, 
1895, with E. E. Amsden to teach upon terms clearly set forth in the contract 
as signed by both parties. Concerning the validity of this contract there is 
no doubt expressed. 

Upon the fifth day of July the said Amsden had a hearing before the board 
upon definite and well specified charges. He was duly notified of these 
charges, was present both himself and by counsel at the time of trial, and was 
allowed to make his defense: The board took time for deliberation, and finally 
on the eighth day of July made an order annulling the contract, and in effect 
discharging the teacher. From this decision Mr. Amsden appealed to the 
county superintendent, who on the third day of September rendered a decision 
dismissing the case on account of the legal insufficiency of the affidavit. 

There are only two questions involved. Was the original affidavit sufficient 
to enable the county superintendent to assume jurisdiction of the case? And 
could the affidavit be amended at the time of trial? 

It must be held that the lapse of thirty days from the making of the order 
sought to be appealed from does not affect in any way the right of the ap- 
pellant to amend his original affidavit. If he offered his amendment at the 
time of trial he complied with the usual practice. Whether the amendment 
should be admitted depends upon its nature. If it set up a new and distinct 
issue, one not involved in any way in the original affidavit, then the county 
superintendent should refuse to allow the amendment to be made. See case 
on page 141 in S. L. Dec. 1884. An amendment is, however, admissible when 
it tends to correct mistakes or to make clearer or more explicit the charges 
contained in the original affidavit. See case on page 25, S, L. Dec. 1892. In 
the case at bar the amended affidavit introduces no new issue and does not in 
any way prejudice the rights of any person. We think the county superin- 
tendent committed error in refusing to admit the amendment. 

Now as to the original affidavit. We do not understand what is meant by 
the term legal insufficiency. It is to be remembered that no very definite rules 
have been or can be adopted for the trial of cases before the county superin- 
tendent. This department 'las always held that the system of appeals was in- 
tended as a speedy and inexpensive method of adjusting school difficulties. See 
case on page 25, S. L. Dec. 1892. The supreme court has held that it "is 
abundantly manifest that the legislature designed to afford an inexpensive and 
summary way of disposing of these cases." See 68 Iowa, 161. Mere technicali- 
ties can not be allowed to intervene to defeat the ends for which the system 
of appeals was instituted. 

The appellant sets forth in his affidavit that the board acted through pas- 
sion and prejudice, and that he did not have the fair and impartial trial guar- 
anteed to him by section 1734. On these as well as on other grievances set 
forth in the affidavit the appellant has the right to be heard before the county 
superintendent, to introduce testimony, and to be heard, by himself or his 
counsel. 

The law makes it obligatory apon the county superintendent to hear such 
a case, to weigh carefully^ ajj^ without prejudice the evidence and the argu- 



SCHOOL LAWS OF IOWA 267 

ments, and to render his decision in accordance with his judgment. This is 
the more important in such case's, because the teacher has no other remedy in 
law of which he can avail himself. Through some informality which does not 
in any way affect the issues in the case he should not be deprived of his right 
of appeal. 

We say nothing of the merits of this case. We know nothing of them. We 
believe the affidavit of appeal was sufficient to give the appellant a standing 
before the county superintendent, and that is the only point upon which we 
are called to pass. 

The case is remanded to the county superintendent, with directions to fix a 
time of hearing the same within fifteen days from the date of this decision, and 
to notify all concerned, that they may be present. 

Keveesed and Remanded. 
HENRY SARIN, 

November 21, 1895. Superintendent of Public Instruction. 



D. C. McKee v. District Township of Geove. 

Appeal from Humhoddt County. 

SuBDisTBiCT RouNDAEiES. When an action has been reversed by the county 
superintendent, and that decision affirmed by the superintendent of public in- 
struction, the board can not act again until a material change has taken place. 

ScHOOLHOusE SiTE. When purchased need not necessarily be upon a highway. 

DiscEETioNAET AcTS. An appellate tribunal is not to decide mainly whether 
the action complained of was wise, or the best that might have been taken, 
but simply whether a reversal is required by the evidence. 

In this case the board on September 16, 1895, made two orders. By the first- 
of these it divided subdistrict number seven in said township into two subdis- 
tricts, to be known as number seven and number nine, and established the 
boundary line between them. By the second action it ordered the removal of 
the schoolhouse, now located on section 34, township 92 north, range 28 west, 
removed and located on section 33, township 92 north, range 28 west, on the 
Sherman and Dakota road, and authorized the president to draw an order for 
the payment of the same on report of the committee. 

From these two actions D. C McKee appealed to the county superintendent, 
who reversed both actions of the board and relocated the schoolhouse on the 
old site. From the order removing the schoolhouse D. C. McKee takes an 
appeal to the superintendent of public instruction. The former action of the 
board dividing the subdistrict and reversed by the county superintendent Is 
not in the case. This simplifies the matter and leaves as the only point to be 
considered the discretionary act of the board in ordering the removal of the 
building to the new site. 

The district as at present constituted is four and one-half miles from east 
to west in extreme length. The two schoolhouses stand within a mile of each, 
other. 



268 SCHOOL LAWS OF IOWA 

There are several points brought in by the county superintendent and in the 
arguments of the attorneys which need but a brief notice. It appears that at 
a previous meeting of the board it took action removing the schoolhouse to a 
site near the present new site, which action was reversed by the county super- 
intendent, and that there has been no matrial change in the district since that. 
This does not act as a bar in any sense to the present proceedings. For a full 
discus&ion of this point see P. O'Connor, Jr., v. District Township of Badger, 
page 108, S. L. Dec. 1892. 

The only case in which the board can not act again without a material 
change is when a former action has been reversed by the county superintendent, 
and on appeal to the superintendent of public instruction has been affirmed. 
In the case at bar the county superintendent reversed the action of the board, 
but appeal was not taken to the superintendent of public instruction. 

Much stress has also been laid upon the question whether the road upon 
which the new site is located is a highway in the sense intended by the law. 
Section 1826 has reference to a case in which the board condemns a piece of 
land for schoolhouse purposes. But when said site is purchased by the board 
the provisions of sections 1825-1826 do not apply. See, also, for a full discus- 
sion of this point, case of H. D. FvSTier v. District Township of Tipton, page 86, 
S. L. Dec. 1892. 

If the site selected and purchased should be inaccessible it might be a ease 
warranting the reversing of the board, but in the case at bar the site pur- 
chased by the board is on a highway, which both parties acknowledge has been 
traveled more or less for at least nine years. 

This leaves the only point for consideration whether the board abused its 
discretion in ordering the removal of the schoolhouse. The location of the 
s"choolhouse is a matter entirely within the discretionary power of the board. 
Its action ought not to be reversed by the county superintendent without the 
clearest proof that it has acted through passion or prejudice, or from some 
improper motive. There is nothing in this case whatever to show that the 
board was not endeavoring to do what it believed to be for the best interests 
of all the people of the subdistrict. The vote in the board stood four in favor 
of removal and one opposed. 

We can not discover that there are any reasonable grounds for reversing 
its action. We are not called upon to decide whether it acted wisely or un- 
wisely, but simply and solely whether there is sufficient evidence to warrant 
the county superintetident in reversing its action on the grounds of abuse of 
discretion. We regret very much that we are obliged to reverse the action of 
the county superintendent, and do not doubt that he acted according to his 
best judgment. We are, however, compelled to decide that the board did not 
in any way so abuse its discretion as to warrant an interference. 

Reversed. 
HENRY SABIN, 

February 8, 1896. Superintendent of Public Instruction. 



SCHOOL LAWS OF IOWA 269 

Hugh McMillan v. Distkict Towjntship of Waveland. 

Appeal from Pottawattamie County. 

Board of Dibectoes. It is the first duty of a board to co-<operate with and 
assist the teacher in the conduct of the scliool. 

Teacher. A teacher may justly claim and expect to receive the assistance and 
advice of the board, and especially the .help of his own subdi rector, in the 
proper conduct of his school. 

Board of Directors. In exercising its power in a semi-judicial capacity the 
board should be able to show the very best reasons for its conclusions. 

Teacher. It is alike due to the dignity of the board and the rights of the 
teacher that no one should be discharged except after thorough investigation 
and the clearest proof. If possible, the teacher should be shielded from the 
stigma of discharge. 

After a trial, conducted in accordance with law, the board, by a vote of 
three to two in a board of nine members, discharged the teacher for in- 
competency, in accordance with the provisions of section 1734. Hugh Mc- 
Millan appealed to the county superintendent, who reversed the order of the 
board. John W. Rush, president of the board, appeals here. 

The proceedings of the board in this case were entirely regular, and it 
is not claimed that the law was violated by it in any particular, as to its 
manner of proceeding. The question to be determined by us is, was the 
county superintendent warranted in finding that the board abused its dis- 
cretion to that extent to require a reversal of its action in discharging the 
teacher. 

The testimony discloses a very undesirable condition in the school in ques- 
tion, as to the matter of discipline and behavior of the scholars. Ttie testimony- 
discloses the fact that many of the older scholars, instead of being an assist- 
ance to the teacher, and a ci'edit to themselves and their parents, were in- 
subordinate, disobedient and disrespectful to the teacher. The testimony 
also discloses that the subdirector, instead of assisting the teacher in maintain- 
ing discipline and good order in the school, withheld that support so much 
needed by any teacher under such circumstances. It is not shown nor is it 
claimed that any of the board had visited the school for the purpose of aiding 
the teacher in enforcing rules for its government, as it is required to do by the 
first part of section 1734. Nor did the subdirector visit his school, as he is 
required to do by the latter part of section 1756. 

The testimony in the case is to the effect that after the incorrigible 
scholars were dismissed the teacher was much more successful in his work. 
We can not find from the testimony that the teacher failed in any important 
particular to attempt to do his full duty by his school, and to regard 
equally the rights of every scholar. Under all circumstances, we think it is 
the first duty of any board to co-operate with and assist the teacfaer in the 
conduct of his school. This is the duty of the local subdirector in a peculiar 
sense, as he is in close relation to his own school and his teacher. A teacher 



270 SCHOOL LAWS OP IOWA 

may justly claim and expect to receive the assistance and advice of the board, 
and especially the help of his own subdirector, in the proper conduct of hia 
school. See case on page 135, S, L. Dec, 1892. It is often the case that a 
little timely assistance, offered at the right time and in the proper spirit, 
will aid a teacher very materially in maintaining good order axid discipline in 
his school, and in preventing many difficulties from arising which might, 
under a different course, almost certainly tend to injure the efficiency of the 
school. 

In this case, two of the five members present at the trial voted to dis- 
charge the teacher, two voted in the negative, leaving the casting vote with 
the subdirector of the school, who, as we have seen, was out of sympathy with 
the teacher, and had failed to afford his assistance to a successful management 
of the school. While it is true that in general the discretionary acts of a board 
are entitled to great weight, yet it is also true that in exercising its power 
in a semi-judicial capacity, the board should be able to show the very best 
reasons for its conclusions. Except upon the clearest proof, and the most 
convincing reasons apparent to the board that the good of the school demands 
the discharge of the teacher, a teacher should be shielded from the stigma of 
discharge, and the authority of the board and the respect due the board and 
its teachers, should be maintained, by a decision on the part of the board to 
assist and support the teacher in bringing his school to a conclusion as nearly 
as possible satisfactory to the board and creditable to himself. The decision 
of the county superintendent is Affiemed, 

HENRY SABIN, 

May 20, 1896. Superintendent of Public Instruction. 



S. B. Heath v. Disteict Township of Iowa. 

Appeal from Wright County. 

County Supebintendent. On appeal may do no more than the board might 
have done. 

Independent District. The boundaries outside the town plat depending upon 
the petition of the electors, such boundaries may not be fixed until petitioned 
for. 

This is a case arising under the amendment to section 1800 made by the 
Twenty-fifth General Assembly. It Is the effect of this amendment that when 
a town or village has less than two hundred inhabitants and not less than one 
hundred inhabitants, the territory contiguous to such town plat may not be in- 
cluded in the proposed independent town district except on a written petition 
of a majority of the electors residing upon such territory outside the town plat. 

In this case the board refused to fix the boundaries of a contemplated 
independent town district. From its order appeal was taken to the county 
superintendent, who reversed the order of the board and fixed the boundaries 
of a contemplated independent district, but different from the boundaries asked 
for In the petition presented to the board from the electors residing outside 
the town. 



SCHOOL LAWS OF IOWA 271 

Without considering any of the other merits of the case it becomes neces- 
sary to inquire whether the county superintendent might In reversing the 
order of the board, fix different boundaries than those petitioned for by the 
majority of the electors residing upon the outside territory. We find that the 
territory included in the contemplated district by order of the county super- 
intendent excludes at least four and one-half sections that were before in- 
cluded. Did the county superintendent have power to fix different boundaries 
for the outside territory from those petitioned for when application was made 
to the board, without first himself having a written petition from a majority 
of the resident electors upon the territory outside the town which said county 
superintendent included within the contemplated independent district? We 
think he did not. If our view is correct it is decisive of the case and we 
will be compelled to reverse the county superintendent's decision. 

Not many cases have arisen under the amendment to section 1800, found 
in chapter 38, Laws of 1894. But it seems to us that there can be no doubt 
as to the intention of the general assembly to require that before territory 
outside a town or village of over one hundred and of less than two hundred 
inhabitants may be included within a contemplated independent town district, 
a majority of the electors must consent that such boundaries may be fixed. Any 
other conclusion would seem to defeat the purpose of the amendment. It is 
not reasonable to urge that the county superintendent would have greater 
power on appeal than the board would have. 

It will be noticed that this decision has no reference whatever to the merits 
of the case as to the boundaries which should be fixed for a town Independent 
district. That matter is still within the discretion of the board under the 
limitation of the law. Revebskd. 

HENRY SABIN, 

August 3, 1896. Superintendent of Public Inttruction. 



Letha Jackson v. Independent Distbict of Steamboat Rock. 

Appeal from War din County. 

Teacheb. Full opportunity must be afforded the teacher to make defense 
against charges. 

Board of Dieectors. Is required by the law to visit the school and to aid and 
sustain the teacher In maintaining order and discipline. 

Teacher. Should not employ unsuitable and unusual methods of punishment. 

On the twenty-eighth day of November, 1896, the board voted to dis- 
charge from its employ Miss Letha Jackson, the teacher in the Intermediate 
room of its school. The reason, as spread upon the record, is that she In- 
flicted inhuman and cruel punishment upon her pupils, especially upon Minnie 
Platts. An appeal was taken to the county superintendent, who reversed the 
order of the board. Appeal was then taken to the superintendent of public 
instruction. 

There is no doubt from the testimony sent up with the transcript that 



272 SCHOOL LAWS OF IOWA 

Minnie Platts was insolent and disobedient, and also that the teacher failed 
to control herself, and that they engaged in an unseemly squD.bhle iu the pres- 
ence of the school. It is also evident that the teacher was accustomed to use 
methods of punishment which are, at the best, not customary in well dis- 
ciplined schools. Much of the testimony is conflicting, and that part of it 
relating to matters which occurred under a previous contract can not be al- 
lowed to have any weight in determining this case. 

The contract, as placed in evidence, specifies that the teacher shall not 
make use of any cruel or unusual punishment in the discipline of the school. 
Whether she violated the contract in this respect is a matter to be deter- 
mined by the board, and in doing so it may avail itself of any sources 
of reliable information within its power. The notice sent to the teacher, No^ 
vember 23, 1896, charges as follows: "For inhuman and unjustifiable punish- 
ment of pupils by pinching, pulling their ears, pulling their hair, and pound- 
ing their heads and faces with your fists, and pounding their heads on the wall, 
floor, and seats of the schoolroom with your flsts." November 28th she was no- 
tified by the secretary that she was dismissed from the school. At a meet- 
ing of the board held November 27th, the president appointed the entire board 
an investigating committee. It appears that it carried on its investigation by 
questioning the pupils in Miss Jackson's room, and that its vote to dismiss her 
was based entirely upon information obtained in this way, as appears in the 
records of November 27th. This method placed the teacher at an immense dis- 
advantage. It would at least have been just to have examined these pupils 
in her presence, and that she should have been allowed to correct their mis- 
statements, if any, and to give the investigating committee hier own account of 
the matter. We can not consider this an impartial method of conducting an in- 
vestigation against a teacher. Justice would seem to demand that she should 
have been furnished a copy of the findings of this committee, and should have 
been given a reasonable time in which to prepare her defense. The board 
places on file the unanimous report of this investigating committee recom- 
mending that the teacher be discharged. It, in effect, finds her guilty and asks 
her to show cause why sentence should not be pronounced. 

Now, as to Miss Jackson's failure to appear before the board. Her physician 
sent a certificate to be read at the first meeting, stating that she was not able 
to attend on account of sickness. At the same meeting her atlotrney, Mr. 
Albrook, in a letter, asks that the board appoint Monday afternoon as a time 
for hearing the case. It appears to have been a reasonable request, and should 
have been granted in justice to all parties. That Miss Jackson sent her 'state- 
ment denying the charges and averring that she, by her conduct, had given 
the board no occasion to investigate, furnishes an additional reason and a very 
strong one why she should have been given the opportunity to he heard by 
counsel of her own choosing. We do not think that the board intended by an 
early adjournment to shut her counsel out Saturday night, but it ought to have 
shown an anxiety to have him present if possible, in order that it might ascer- 
tain the very right and justice of all parties in the case. Miss Jackson could very 
justly plead that her presence would avail nothing after the board had before 
it a report signed by every member of that tribunal, saying that she ought to 
be dismissed from her school. The board seems also to have forgotten that 



SCHOOL LAWS OF IOWA 273 

the law irakes it its duty to visit the school and to aid and sustain the 
teacher in her efforts to maintain order and discipline. It has duties on the 
side of the teacher as well as on that of the pupils or the community at large. 
We do not wish to be understood as upholding a teacher in the methods 
of punishment which appear in this case. To pull the hair or the ears of 
pupils, or to strike them with the fists, are relics of another age of school 
government, and can not he justified today. We on^y reach the conclusion that 
the teacher did not have that fair and impartial trial before the board that 
is contemplated in the law. Therefore the decision of the cqu^nty superin- 
tendent is Affibmf.d. 
* HENRY SABIN, 
April 7, 1897. Superintendent of Puhlie Instruction. 



R. Odendaiil et al. v. District Township of Grant. 
Appehl from Carroll County. 

Appe.nl. Will not lie from joint action of boards making settlement of assets 
and liabilities. 

County Superintenpent. Should dismiss an appeal as soon as it becomes cer- 
tain that the leading issue may be heard and decided only by a court of law. 

Jurisdiction. It is very undesirable to bring matters involving a money con- 
sideration before the county superintendent on appeal. 

Certain territory in the civil township of Grant and part of the independent 
district of Carroll was restored to the district township of Grant. A settlement 
of assets and liabilities between the two districts necessarily followed. Robert 
Odendahl and others were aggrieved with the conclusions reached by the two 
boards, and took an appeal to the county superintendent, who reviewed the 
questions presented to him, finding in effect as to the time when the territory 
did actually become a part of the district township of Grant, as to the dispo- 
sition of taxes during a period when the control of such territory was in con- 
troversy, and also whether the agreement entered into by the board should be 
changed by him. 

The first question we are required to consider is whether the county super- 
intendent had jurisdiction to hear the case. If we find that he did not have 
jurisdiction, it will of course 'he impossible for us to review the questions he 
determined, and we shall be compelled to dismiss the case for want of juris- 
diction. 

It has been the uniform opinion of this department that appeal will not lie 
from the joint action of boards in making the settlement of assets and liabilities 
required by section 1715, but that the only remedy, if the law affords relief, 
would be an action in court to protect the rights of the persons complaining. In 
order that the matter might be more authoritatively determined, so that this case 



* The teacher's right to recover for wrongful dismissal in this case was sus- 
tained in 110' Iowa, 313. 

19 



274 SCHOOL LAWS OF IOWA 

may be a guide to school officers, we submitted an inquiry to the attorney-gen- 
eral, and quote briefly from his reply: 

"Your favor came duly to hand, requesting my opinion upon the following 
question : 

"When the two boards have made a division of assets and liabilities, under 
section 1715 of the code, will a person claiming the settlement to be inequitable 
and insufficient as to the amount agreed upon have the right to appeal to the 
county superintendent from such agreement, that is, from such joint action of 
the boards taken as provided in section 1715, will an appeal lie? 

"The section in question provides that the respective boards shall make an 
equitable division of the then existing assets and liabilities between the old and 
the new dstricts; it also provides that in case of the failure to agree the matter 
may be decided by arbitrators chosen by the parties in interest. It has been 
held by our supreme court that under this section the boards of directors become 
a special tibunal for the determination of the respective rights of the parties. 
And it is held that this tribunal thus constituted has exclusive jurisdiction. The 
action of the special tribunal, consisting of the several boards of directors, is not 
the action or order of a board of directors, but an order of a special court for the 
determination of the rights of the several new districts with reference to the as- 
sets and liabilities of the old district of which they formed a part. The statute 
does not give an appeal from such tribunal. My conclusion is that a right of 
appeal does not exist and a person claiming the settlement to be inequitable has 
no right of appeal to the county superintendent." 

The opinion of the attorney-general is decisive of the case. We think tkere 
are many added reasons why Questions of this kind should not be heard on ap- 
peal before the county superintendent. That officer should not be compelled to 
review matters involving the jurisdiction over territory, the disposition of taxes, 
or the right and justice of finding of boards upon a settlement of assets and lia- 
bilities. But these a court may very properly do, as its jurisdiction for such 
purposes is not questioned, and the precedents for the control of the courts over 
this class of cases are well established. It is very undesirable to attempt to 
bring matters involving a money consideration before the county superintendent 
on appeal. As soon as it becomes clearly apparent that the principal issue is of 
a kind intended by our statutes to be heard and determined only by the courts 
of law, the appeal should be dismissed. In this case it was the duty of the 
boards interested to make a proper settlement. If fraud or other irregularity 
was urged, perhaps a court would afford relief to a complainant, but an appeal 
to the county superintendent would not become a remedy. 

We are compelled to remand this case to the county superintendent with in- 
structions to dismiss the case for lack of jurisdiction. Dismissed. 

HENRY SABIN, 

June 16, 1897. Superintendent of Public Instruction. 



SCHOOL LAWS OF IOWA 275 

C. M. Baxteb v. School Township of Beab Gbove. 

Appeal from Cass County. 

^UBLic Road to Schoolhouse. The board is bound to carry out the vote of the 
electors in the matter of opening roads to schoolhouses. 

Abuse of Discketion. The board may not substitute its own discretion for the 
clearly expressed instruction of the electors. 

At their regular meeting, on the second Monday in March, 1897, the electors 
voted a schoolhouse tax of $200 and instructed the board to open an east and 
west road to intersect a north and south road which would give Mr. Baxter ac- 
cess by the public road to his schoolhouse. Instead of carrying into effect the vote 
of the electors, the board took steps to secure a different road, and from their 
action in so doing appeal was taken to the county superintendent, who reversed 
the order of the board, finding that the board should have attempted in good 
faith to carry out the expressed wish of the electors. The board appeals here. 

It is shown in the testimonj^ and it is not denied, that the board thought 
best to attempt to secure the cheapest road possible, in order to provide a way 
by which Mr. Baxter could reach the schoolhouse. The real question in this 
case, and the one which the county superintendent was compelled to determine, 
was whether the board committed error in its discretion. From a careful exami- 
nation of the entire case we must conclude that the county superintendent made 
no mistake in determining that It is the duty of the board to make a strenuous 
effort to fulfill the intention of the electors. We think it was the duty of the 
board to carry Into execution the vote of the electors, if possible to do so, and if 
not possible, the attempt should have been made, and the matter then referred 
back to the electors for further instructions. See first part of section 2778 and 
first division of syllabus In appeal case on page 17 S. L. Decisions 1897. We 
think it was not within the power of the board to substitute its own discretion 
for the clearly expressed Instruction by the electors. 

It is clear that the electors Intended to provide relief for Mr. Baxter. This 
could be done only by providing him with a public highway upon which his chil- 
dren could reach school. This matter is of such importance to Mr. Baxter, and 
the vote of the electors providing the means by which the road was to be se- 
cured was so definite, that we feel compelled to suggest to the electors that at 
their annual meeting on next Monday, the fourteenth day of this month, they In- 
dicate still more clearly their desires in the matter, and that they instruct the 
board what further steps shall be taken by the board. As indicated, we can see 
no reason to Interfere with the finding of the county superintendent and his de- 
cision is therefore Affirmed. 

RICHAKD C. BARRETT. 

Des Moines, March 9, 1898. Superintendent of Putlic Instruction. 



John Martin v. School Township of Bakeb. 

Appeal from Guthrie County. 

Notice of Appeal. The superintendent cf public instruction may not entertain 



276 SCHOOL LAWS OF IOWA. 

an appeal unless thirty days' notice of such appeal has been served upon the 
adverse party. 

Costs. Before an appeal from the order of the county superintendent taxing 
costs can be entertained by the superintendent of public instruction, a motion to 
retax such costs should 'be filed with the county superintendent. 

The question involved in this case is the taxing of costs. In 1897 John Martin 
petitioned the board of directors of the school township of Baker for a school 
for the accommodation of his ten children. The board refused to grant the re- 
quest of the petitioner. Appeal was taken to the county superintendent, who af- 
firmed the action of the board. In rendering his opinion, the county superintend- 
ent taxed the costs, amounting to $30.75, to appellant Martin. From the action 
of tJie county superintendent Martin appeals to this department. 

Counsel for appellee moves the dismissal of the appeal for the following rea- 
sons: First, that notice of appeal was not given as is required by section 2820 
of the code of Iowa. Second, that all of the record in the case was not certified 
to this department by the county superintendent, and for that reason the de- 
partment should refuse to consider or entertain the appeal. Third, that the rec- 
ord nowhere discloses that the county superintendent, before whom the appeal 
was tried, ever had opportunity or occasion to pass upon the question of taxation 
of costs, that no motion or request v/as made for him to retax. Fourth, that said 
appeal from decision of county superintendent was taken too late. 

The question to be determined is whether this department has jurisdiction 
to hear the case. Section 2820 provides that "thirty days' notice of the appeal 
shall be given by the appellant to the county superintendent and also to the ad- 
verse party." 

There is nothing in the transcript to show that this notice was served either 
on the county superintendent or the adverse party. For many years it has been 
the holding of the supreme court of the state of Iowa, that appeal can only be 
taken by serving a written notice upon the adverse party or his attorney, and 
the clerk. In the 74th Iowa the court rules that service of notice of appeal is 
essential to give a court jurisdiction of the case and that fact must be shown by 
the record. A recent general assembly makes similar provisions applicable in 
cases of appeal to this department. 

While it is true that only a partial record is presented, we are of the opinion 
that the transcript is suificiently complete to enable us to pass upon the question 
raised. By this w^e would not be understood as favoring the certification of only 
a part of the transcript, in case of appeal. In regard to the taxation of costs, 
the code of 1897 provides that in all matters triable before him the county super- 
intendent "shall have power to issue subpoenas for witnesses which may be 
served by any peace officer, compel the attendance of those thus served, and the 
giving of evidence by them, in the same manner and to the same extent as the 
district court may do, and such witnesses and officers may be allowed the same 
compensation as is paid for like attendance or service in such court, which shall 
be paid out of the contingent fund of the proper school corporation, upon a cer- 
tificate of the superintendent to and warrants of the secretary upon the treas- 
urer; but if the superintendent is of the opinion that the proceedings were in- 
stituted without reasonable cause therefor, or, if in case of an appeal, it shall 



SCHOOL LAWS OP IOWA. 277 

not be sustained, he shall enter such findings in the record, and shall tax all 
costs to the party responsible therefor. A transcript thereof shall be filed in 
the office of the clerk of the district court and a judgment entered thereon be 
made, which shall be collected as other judgments." 

The question of costs is one entirely new to this department. Prior to Octo- 
ber 1, 1897, any one aggrieved by the order or decision of a board of directors 
could, without cost, appeal to the county superintendent and again to ihe super- 
intendent of public instruction. 

The provisions of the law are plain. If the county superintendent is of the 
opinion that the proceedings were instituted without reasonable cause, or the 
case be not sustained on appeal, he shall tax all costs to the party responsible 
therefor. A careful study of the case reveals no error on the part of the county 
superintendent. The costs appear to have been taxed and filed as required by 
the statute. Any person aggrieved might upon application, have had the same 
retaxed and all errors corrected. 

Counsel for appellant argues that the question at bar was presented informally 
to the county superintendent, who overruled his objections, after having consid- 
ered the same. An additional transcript of the proceedings filed by the county 
superintendent, substantiates the claim of counsel but nullifies the force of it 
by stating "that no formal or written objection to the taxing of said costs were 
filed by said appellant, nor any motion to retax said costs." In the 101 Iowa, 
case of John Roane, appellant, vs. J. A. Hamilton et al., involving the question of 
costs, the supreme court held that since no motion was made in the district court 
to retax costs, no consideration would be given the matter by the supreme court. 
It can not, we think, be contended reasonably that rules of court practice, so 
far as applicable, should not be followed in matters triable before this depart- 
ment. A failure on appellant's part to avail himself of his legal rights may not 
wisely be overlooked here. 

In regard to the time in which appeal may be taken, the law provides that 
thirty days' notice shall be given. The transcript shows that the case was heard 
by the county superintendent, January 7, 1898. The affidavit of appeal was re- 
ceived by special delivery Sunday, February 6, and filed Monday, February 7, 
1898. We think appeal was taken in time, since in computing time, the first 
day shall be excluded and the last day included, unless the last day falls on 
Sunday, in which case the time prescribed shall be extended so as to include the 
whole of the following Monday. Code, section 48, sub-section 23. 

While the counsel for appellee does not refer to the fact, we find in addition 
to the foregoing that the affidavit of appeal presented is defective in this, that 
the notary, before whom appellant was sworn, failed to attach notarial seal. This, 
however, has not been considered irremediable in the consideration of the appeal. 

After having carefully considered the whole matter, we are of the opinion 
that the case is not legally before us, since the transcript fails to show service of 
proper notice and a motion to retax costs. 

The legality of this department entertaining any appeal in which a money 
consideration is the principal issue is seriously questioned. Certainly neither 
the county nor the state superintendent is authorized to render judgment for 
money. Acts of these officers are held by the courts to be ministerial, and not 
judicial. To burden this office with the adjustment of affairs involving such con- 



278 SCHOOL LAWS OF IOWA. 

siderations as can best and only be determined finally by the courts is, from our 
point of view, to place unnecessary and unproductive labor upon tlie department. 

Dismissed. 
RICHARD C. BARRETT. 
Des Moines, Iowa, May 26, 1898. Superintendent of Public Instruction. 



Thomas Hudgens v. Independent District No. Ten, Cedae Falls Township. 

Appeal from Black Hawk County. 

DiscHAKGE of Teachee. A teacber can not be discharged by the board except 
after a full and fair investigation. 

Special Meeting. A meeting of the board, called for no specific purpose and 
of which the teacher was not served with due and proper notice, could not leg- 
ally discharge such teacher. 

Defense. The teacher is entitled to a reasonable time to prepare for and make 
his defense. The refusal of the board to grant a teacher a single day's time in 
which to make such defense is not only an abuse of discretion but a violation 
of law. 

On the third day of January, 1898, Thomas Hudgens, a teacher in Independent 
District Number Ten, Cedar Falls Township, was dismissed by a majority vote of 
the board. From the action of the board he appealed to the county superintend- 
ent, who affirmed the order of the board. From his decision appeal is taken 
to this department. 

Section 2782, laws of Iowa, concerning the dismissal of the teacher, is as fol- 
lows: "It may by a majority vote discharge any teacher for incompetency, inat- 
tention to duty, partiality, or any good cause, after a full and fair investigation 
made at a meeting of the board, held for that purpose, at which the teacher shall 
be permitted to be present and make defense, allowing him a reasonable time 
therefor." 

Did appellant have a fair trial? Was the meeting held for the purpose of dis- 
charging the teacher or giving a full and fair investigation? Did the teacher 
have a reasonable time to make defense? 

In his decision the county superintendent says: "Then from the minutes of 
the school board as kept by the secretary, January 3d, we must determine what 
occurred at this meeting." If the correctness of the record were unquestioned 
this would be true. 

In the case of Appleton Park v. Independent Distinct of Pleasant Grove, this 
department held that "the fact that the transcript referred to is not certified to 
by the secretary, and the further fact that he was not present at the board meet- 
ing in question, and wrote the minutes as dictated from memory by the presi- 
dent of the board, three days after the meeting, fully justified the superintendent 
in ruling it out and in admitting parol evidence." The testimony of the secre- 
tary of the board is to the effect that the original notes made by himself at the 
time of the discharge of the teacher were destroyed; that the notes from which 
the certified transcript was made were written days after the meeting. His 



SCHOOL LAWS OF IOWA. 279 

further testimony, which is not denied, is that the record of the meeting as fin- 
ally certified to the county superintendent was written by himself, aided by the 
president and another member of the board, after appeal was taken to the coun- 
ty superintendent. A record of such a character "made in view of appeal" can 
scarcely be said to be its own best evidence. 

In his decision the county superintendent quotes a former opinion of this de- 
partment to this effect: "The discharge of a teacher is largely within the dis- 
cretionary power of the board. It is to guard the rights of the school, as well as 
the rights of the teacher. After a full and fair investigation it is its duty to act 
as it deems best under all circumstances of the case. This being the case, it is 
the duty of the county superintendent not to interfere with the action of the 
board unless he is convinced that it in some way abused its discretion. He is 
right in sustaining the board even though as an individual he would have pre- 
ferred some other action on his part." 

In the case at bar did the board make that full and fair investigation con- 
templated? We think not. The evidence submitted reveals many irregularities 
on the part of the board. The meeting was not called for a specific purpose. 
Appellant was not served with due and proper notice. The law provides that a 
reasonable time shall be given the teacher in which to make his defense. Ap- 
pellant's request for a single day's time was refused. In fact, according to the 
president's own testimony, no investigation took place. 

The school may not have been as ably conducted as the board desired, or in 
accordance with the particular views of the diffe; ent members, but we can not 
approve of the action of the board in discharging the teacher without first mak- 
ing that full and fair investigation contemplated by the statute. A teacher is 
the employe of the board and as such is entitled to its co-operation and sup- 
port. For certain causes the teacher may be discharged, but only after charges 
preferred have been carefully and impartially investigated. We have given tke 
case unusual attention and are forced to the conclusion that the teacher was not 
accorded that investigation which the law intends. The decision of the county 
superintendent Is Revebsed. 

RICHARD C. BARRETT, 

Des Moines, Iowa, June 23, 1898. Superintendent of Puhlic In)struction. 



R. A. Kletzinq v. The Independent District of Montoub. 

Appeal from Tama County. 

Discharge of Teacher. The action of the board in discharging a teacher, after a 
full and fair investigation, will not be reversed unless it is clearly shown that 
that board violated the law, abused its discretion, or acted with manifest injus- 
tice. 

County Superintendent. The county superintendent has only appellate juris- 
diction, and should sustain the action of the board unless it be clearly shown 
that they violated law or abused their discretion. 



280 SCHOOL LAWS OP IOWA. 

On February 14th, J. D. Booher, a resident of Montour, filed with the secre- 
tary of the school corporation a complaint charging the principal, R. A. Kletzing 
with incompetency, partiality, the infliction of inhuman and cruel punishment 
and general inability to govern the school over which he had supervision. 

The record, which i's unquestioned, shows that a notice of the hearing was 
served on the appellant and the time fixed for the nineteenth day of February, 
at which time all parties interested appeared. Appellant was represented by 
his attorney who filed a general statement denying charges preferred. Affidavit 
of appellant was also filed claiming that the board had negligently or willfully 
refrained from visiting the school or in any manner advised with or directed ap- 
pellant in his conduct and management of the school. The hearing was concluded 
on February 26th and appellant was discharged by the unanimous vote of the 
board. Appeal was then taken to the county superintendent who reversed the 
board. The board appeals to this department. 

As it appears to us, the question to be determined is of sound judgment and 
discretion and not of law. Should it appear that the county superintendent op- 
posed his judgment to the judgment of the board, there is but one course for an 
ultimate tribunal to pursue. 

It is the earnest desire of this department to sustain decisions of county sup- 
erintendents. Their official acts and the correctness of their views will not be 
set aside unless for cause. A similar principle should be held by county super- 
intendents when called upon to pass upon the decisions or orders of boards of 
directors. 

For almost a third of a century it has been the holding of this department 
that discretionary action of a board should be affirmed on appeal, unless by the 
evidence it is clearly proven that the board violated law or abused its discre- 
tion. "If there is reasonable doubt the board is entitled to its benefits. The 
action of the board may not be wholly approved by the judgment of the county 
superintendent, but if it be not illegal or clearly unjust, it should be sustained." 
See Edivards et al v. District Township of West Point, School Law Decisions of 
1884. 

The county superintendent is a court of appellate jurisdiction and is com- 
pelled to sustain the action of boards unless the evidence clearly indicates that 
they have violated law, acted with passion or prejudice, or with manifest injust- 
ice, or abused their discretion. 

In the case before us we are inclined to the opinion that the superintendent 
passed upon the case as though he had original instead of appellate jurisdiction, 
and failed to give due consideration to the discretionary power granted school 
boards. 

The power to discharge a teacher is conferred upon boards of directors by 
section 2782, which in part reads as follows: "It may by a majority vote dis- 
charge any teacher for incompetency, inattention to duty, partiality, or any good 
cause, after a full and fair investigation made at a meeting of the board held 
for that purpose, at which the teacher shall be permitted to be present and make 
defense, allowing him a reasonable time therefor." 

Affiant, in appealing to the county superintendent, alleges that he was not ac- 
corded a full and fair investigation. In reversing the board the county superin- 
tendent so found and assigned as a reason that Mr. Stevens, president of the 
board, appeared as the prosecuting attorney. 



SCHOOL LAWS OF IOWA. 281 

We can not concur with the view expressed by tlie county superintendent tliat 
appellant was not given a fair trial. That the board gave the case careful 
thought is shown by the fact that the hearing occupied nearly all of a week. Ap- 
pellant was given every opportunity to prepare for his defense, to call witnesses, 
and was ably represented by his attorney. So far as we have been able to learn 
from the transcript, which appears to be complete, it is not shown that malice 
or prejudice was exhibited on the part of any member of the board. The fact 
that Mr. Stevens, the president of the board, is an attorney, maj- not be con- 
sidered prejudicial. Naturally, as president, he would be expected to lead in the 
investigation of complaints, since in cases of this kind the board may not em- 
ploy counsel. 

The claim that the board had negligently or wilfully refrained from visiting 
the school or advising with the teacher, is worthy of most careful consideration. 
It is the duty of the board to aid teachers in the government and management of 
schools; to counsel with them and co-operate in the promotion of all the educa- 
tional interests of the district. It does not appear that members made regular 
and frequent visits to the school, but that general interest was manifested and 
a desire shown on the board's part to strengthen the schools is evidenced by the 
fact that the course of study was revised, rules for the government of teachers 
and pupils adopted, and consultations held by members of the board with the 
principal. 

In his decision, the county superintendent finds that appellant Kletzing was 
obstinate and worked in opposition to the board of directors; that his punish- 
ment of pupils was open to severe criticism; that he was disliked; that he did 
not give satisfaction; that a very undesirable condition existed; and that he did 
not exercise that judgment necessary to carry on the school harm.oniously and 
without friction. The evidence clearly sustains the above enumerated findings. 
The opinion of the county superintendent is Reversed. 

RICHARD C. BARRETT, 
Superintendent of Public Instruction. 

Des Moines, Iowa, September 10, 1898. 



J. L. MuNx v. School Township of Soap Creek. 

Independent District Box^ndaries. The provision of section 2794 of the Code, re- 
quiring the board of a school township, upon proper petition, to establish the 
boundaries of a proposed independent district, is mandatory. 

Boundakies. Must include all of the city, town or village, and also such con- 
tiguous territory as is petitioned for by a majority of the resident electors. 

County Superintendent. On appeal the county superintendent can make such 
order touching the boundaries as the board should have made. 

Time. The time in which to take the initiatory steps to form an independent 
district is not fixed by the statute. 

Completion. The provision of section 2796, "that the organization of such in- 
dependent district shall be effected on or before the first day of August of the 



282 SCHOOL LAWS OF IOWA. 

year in which it is attempted," is directory and has special reference to the levy- 
ing of taxes. It does not apply where by reason of an appeal to the county sup- 
erintendent, or to the superintendent of public instruction the completion is not 
effected until after such date. 

Election. The boundaries having been fixed, it is the duty of the board to give 
notice of a meeting of the voters of the territory included in the proposed dis- 
trict. 

Mandamus. Should the board fail or refuse to give the required notice of elec- 
tion, they may be compelled to do so by mandamus. 

ExECTOES. The electors are the sole and final judges of the desirability of a sep- 
arate organization. 

This case relates to the formation of an independent district out of a school 
township. 

Residents of the village of Belknap petitioned the board of directors to form 
an independent district. The board by a vote of two to six refused to establish 
the boundaries of the district. From the board's refusal appeal was taken to the 
county superintendent. 

Before this officer motion to dismiss was made by appellee on the ground that 
mandamus and not appeal was the proper remedy. 

The statute provides that a writ of mandamus "shall not be used in any case 
where there is a plain, speedy and adequate remedy in the ordinary courts of 
law, save as herein provided." Section 4344 Code. In the 73 Iowa, 134, case of 
Barnett et al v. Board of Directors Independent District of EarlUam, the su- 
preme court held that where the party has the right of appeal to the county 
superintendent, mandamus will not lie against a board of directors. 

It is provided in the school lav/s that "any person aggrieved by any decision 
or order of the board of directors of any school corporation in a matter of law or 
fact may, within thirty days after the rendition of such decision or the making 
of such order, appeal therefrom to the county superintendent of the proper coun- 
ty." Section 2818 Code. "Upon the hearing of the appeal the county superin- 
tendent is required to hear testimony on behalf of either party. The fullest op- 
portunity is allowed for a thorough investigation of the matter of the appeal and 
the superintendent is required to make such decision as shall be just and equit- 
able. And if the appellant is aggrieved at the decision of the county superintend- 
ent he may appeal in like manner to the state superintendent of public Instruc- 
tion." 35 Iowa, 444. We find no error on the superintendent's part in overruling 
the motion to dismiss. 

The superintendent reversed the board and established the boundary lines of 
Belknap, and ordered that the district consist of the present town plat. J. L. 
Munn appealed to the superintendent of public instruction, who heard the case 
July 30th. 

At the hearing before this department, appellee moved to dismiss the case for 
the reason that the organization of the contemplated independent district could 
not be completed on or before the first day of August, 1898. 

The time in which to take the initiatory steps to form an independent dis- 
trict is not fixed. The law says: "Upon the written petition of any ten voters 



SCHOOL LA')VS OF IOWA. 283 

* * * such board shall establish the boundaries." A petition signed by the 
requisite number of voters might be presented at such a date as to preclude the 
possibility of completing the organization on or before the first day of August. 
To grant reasonable requests made by attorneys for continuance might also pre- 
vent the formation of districts. The wishes of parties interested could easily 
be thwarted by dilatory tactics on the part of attorneys. Under the laws of this 
state both county and state superintendents are called upon to perform many and 
varied duties. Not infrequently engagements are made weeks and sometimes 
months in advance. In some cases it is quite impossible for these oflBcers to 
grant a hearing and render a decision within the time mentioned in the statute. 
While it may be desirable that the organization be perfected within the statutory 
time, we are inclined to the opinion that the date is only directory and has spec- 
ial reference to the levying of taxes. To sustain the motion to dismiss would 
establish a precedent far-reaching in its effects and one tending in many cases 
to hinder educational advancement. 

The record upon which the county superintendent decided the appeal shows 
the following facts, which are undisputed: The village of Belknap is located at 
the crossing of the Eock Island and Wabash railways on the east one-half (%) 
of section thirty-five (35) and the west one-half (14) of section thirty-six (36) 
and includes forty acres more or less. On the twenty-first of March, sixteen resi- 
dents of Belknap petitioned the township board to form an independent district. 
At the time action was taken by the board there was on file a petition signed 
by B. B. Shaffer and twenty-two other citizens asking that sections twenty-five 
(25), twenty-six (26), thirty-five (35), thirty-six (36) and the east three-quarters 
(%) of section thirty-four (34) be included in the proposed new district; also 
a petition from A. J. Blankenship and five others asking that the remainder of 
section thirty-four (34) and section twenty-seven (27), less the northwest quarter 
iVi) of the northwest quarter (V^), together with the southeast quarter (%) 
of the southeast quarter (V4,) of section twenty-two (22) be included in the In- 
dependen District of Belknap. B. B. Shaffer and P. H. Burns presented an 
amendment to the original Shaffer petition asking that it be amended by striking 
out the north one-half (^>) of section twenty-five (25). The record however 
fails to show that the amendment was filed with the board of directors. 

With these petitions before it, what was the duty of the board? 

We regard the construction of section 2794 so important that it was submitted 
to Hon. Milton Remley, attorney-general, for his opinion. He says in part: "The 
language of the section relating to the duties of the board Is as follows: 'Such 
board shall establish the boundaries of a proposed independent district, Including 
therein all of the city, town or village, and also such contiguous territory as is 
authorized by a written petition of a majority of the resident electors of th» 
contiguous territory proposed to be included in said district in not smaller sub- 
divisions than entire forties of land in the same or in an adjoining school town- 
ship, as may best subserve the convenience of the people for school purposes, 
and shall give the same notices of a meeting as is required in other cases. 

"The board of directors of the school township is elected by the people of the 
entire township. They may have interests antagonistic to the formation of an 
independent district. There seems to be but little left to the discretion of the 
board. They are required to include therein all of the contiguous territory pro- 



284 SCHOOL LAWS OF IOWA. 

posed to be included in said district in not smaller subdivisions than forty acres 
of land. It seems to be obligatory upon them to include the territory petitioned 
for, except where the proposed boundary line would divide forty acres of land, 
according to the government survey. They might, however, in case the conven- 
ience of the people of some subdistrict left out of the proposed independent dis- 
trict demanded it, include more territory than was described in the petition. 
The circumstances might be such that a few families, after the proposed inde- 
pendent district was carved out of the school township, would be practically left 
without school privileges. The law seems to require, in fixing the boundaries, 
that all of the contiguous territory petitioned for shall be included, but does not 
even inferentially prevent the board of directors, in fixing the boundaries, from 
including some not petitioned for. 

"I think the statute is mandatory, requiring the boundaries to be established 
by the directors, which boundaries shall include all territory petitioned for, and 
as much more as the judgment of the board of directors shall deem necessary to 
subserve the convenience of the people for school purposes. It is also manda- 
tory upon the board to give notice of the meeting at which the people may vote." 

To the question, "In case an appeal is taken to the county superintendent from 
the action of the board in refusing to establish boundaries, should the county 
superintendent consider both the convenience of the people and the petition pre- 
sented by the majority of the electors, or is he limited to the petition alone?" 

His reply is: "He can exercise no power not given by statute to the board 
of directors, and can make such order as the board of directors should have 
made. In adding any territory not embraced within the petition he should cer- 
tainly consider the convenience of the people, both in the proposed independent 
district, and also the convenience of any who are left in a school township; but 
like the board of the district township, he would not be authorized to omit any 
of the territory included within the petition from the proposed independent dis- 
trict. He is not, however, limited any more than the board would be by the 
petition in regard to adding to the proposed independent district land not in- 
cluded in the petition." 

Since it is the duty of the board and the superintendent, in case of appeal, 
to include in the proposed district at least all of the contiguous territory peti- 
tioned for, it only remains for us to do likewise. Our opinion is not final, 
however. The voters themselves are to determine whether or not they desire 
a separate organization. A careful consideration of the facts in the case leads 
us to the opinion that the formation of the independent district of Belknap is 
desirable; that it will accommodate well a large number of children. At no 
distant day a graded school will be provided, and with modern equipment and 
trained teachers, pupils will enjoy, advantages superior to those now granted 
them. 

In harmony with the petitions of the electors, and the ruling of the attorney- 
general, it is therefore ordered that the independent district of Belknap be con- 
stituted to contain sections twenty-five (25), twenty-six (26), twenty-seven (27), 
less the northwest quarter (%) of the northwest quarter (%) thirty-four (34), 
thirty -five (35), thirty-eight (38), and the southeast quarter (%) of the south- 
east quarter (%) of section twenty-two (22) of Soap Creek township. It is 
further ordered that in accordance with section 2794 the board shall take the 



SCHOOL LAWS OF IOWA. 285 

necessary steps to provide for the holding of an election. The same to be held 
before November 1, 1898. Reversed. 

RICHARD C. BARRETT, 

* Superintendent of Public Instruction. 

Des Moines, Iowa, October 1, 1898. 



J. L. MuNN V. School Township of Soap Creek. 
Appeal from Davis County. 

APPLICATION FOB REHEARING. 

New Questions. Questions not raised at the hearing before the county super- 
intendent nor before the superintendent of public instruction at the time the 
appeal was heard by him can not be considered for. the first time on an applica- 
tion for a rehearing. 

Rehearing. The application for a rehearing will be denied unless sufficient 
reasons have been presented warranting a change in the former opinion. 

Application for a rehearing in the above entitled case is now made by the 
appellee, the district township of Washington, on the ground that "this ca'se does 
not decide whether or not an appeal lies where a board fails to take action." 
A review of the case shows that the board did act. It declined to establish 
the boundaries of the proposed independent district of Belknap. We do not un- 
derstand that counsel contends otherwise. 

Affidavit of appellant Munn, made in taking appeal from the decision of the 
board, says: "The school board of said school township rendered a decision re- 
fusing to grant the petitions of residents of Belknap and contiguous territory." 
Again, quoting from affidavit: "Said board erred in that they have no legal 
discretion in the matter, and should have granted the independent district as 
asked for by said petitions." 

Attorney for appellee argues that only the single petition from the village of 
Belknap was refused and that others from contiguous territory are now before 
the board and may be called up and passed upon at any meeting. This point 
was presented both orally and in written argument by counsel, and was given 
due consideration before announcing former decision. 

In the case of Jolmison v. Scliool ToicnsJiip of Utica, appeal from Chickasaw 
county, the board had before it at its September meeting a petition requesting 
the formation of a new subdistrict. Without action the board adjourned to con- 
sider the petition the following February. At the trial before the county super- 
intendent motion was made to dismiss the case on the ground that the petition 
was still before the board. The motion was overruled by the county superin- 
tendent. On appeal, this department, we think, rightly sustained the lower tri- 
bunal. 

In the case before us no action of the board could have barred more effectually 
the formation of the independent district. That petitions from contiguous ter- 



*For deci-sion of the Supreme Court in this case see 110 Iowa, 652. 



286 SCHOOL LAWS OF IOWA. 

ritory were before the board has not been questioned. 

Our attention is again called to the time in which the organization of the 
independent district may be completed. No sufficient reason has been presented 
to warrant us in changing our opinion in regard to this point. 

The other question, whether or not the village of Belknap has sufficient popu- 
lation, was not raised at the hearing before the county superintendent nor this 
department and may not be considered now. 

The foregoing review disposes of the material points involved in the motion 
for rehearing. 

This department might have reversed the decision of the county superintend- 
ent and remanded the case to the board with instructions to establish the bound- 
aries of the proposed district in accordance with the opinion of the attorney- 
general. Had this been done the only course for the board to pursue would 
have been to fix the boundaries of the district including all contiguous territory 
petitioned for. The course adopted appeared to be the more speedy and for that 
reason was chosen. 

As previously stated, our decision, is not final. The law wisely leaves the 
final settlement covering the formation of district's, in such cases as this, to the 
voters themselves. If those residing upon the outside territory proposed to 
be included, desire to vote separately on the proposition, they may do so. Should 
a majority of the votes cast on such outside territory be against the proposed 
district, it shall not be formed. 

The application for rehearing is Denied. 

RICHARD C. BARRETT, 
Superintendent of Public Instruction. 

Des Moines, Iowa, October 18, 1898. 



O. F. Hale v. School Township of Riveedale. 
Appeal from Kossuth County. 

Appeals. Should be conducted with fairness and impartiality. 

TuiiE OF Hearing. If the county superintendent can not hear testimony for 
both parties at the time set for such hearing, he should give the parties ample 
time later to make a clear and full presentation of their cause. 

At a special meeting of the board of directors, held September 30, 1898, it was 
voted to change the schoolhouse in subdistrict number one, from the present site 
to a point one mile west. From the decision rendered, 0. F. Hale appealed to 
the county superintendent, who affirmed the board's action. 

In appealing to the superintendent of public instruction, appellant alleges 
errors as follows: 

1st. He, the county superintendent, failed to take into consideration the 
geographical position, number and convenience, of the scholars and residents of 
the subdistricts, as required by section 2773, Code of 1897. 

2d. That the trial being set for 1 p. m. on October 27th, he failed to appear 
until about 4 p. m., and then conducted the trial In such haste and evident 



SCHOOL LAWS OF IOWA. 287 

impatience as to embarrass appellant whose witnesses had returned to their 
homes before the superintendent's arrival, and thus prevented him from fully 
presenting his case. 

3d. That he refused to allow your appellant to argue his case and adjourned 
the trial without affording appellant an opportunity to fully present his case. 

It is due all parties in controversy that appeals be conducted with impar- 
tiality. The law expressly declares that notice of the time and place of hearing 
appeals shall be sent in writing by the county superintendent to all parties ad- 
versely interested. It is expected that the utmost fairness will be shown. 

A failure on the part of the county superintendent to appear at the appointed 
hour set for hearing the case Is HOt an error of great consequence, provided 
ample time is given all parties to make a clear and complete presentation of 
their cause. 

We find no denial of errors charged and are disposed to remand the case to 
the county superintendent with the suggestion that he fix a time in the near 
future for hearing the case anew, and give notification to interested parties as 
provided by statute. 

Having heard the testimony, and considered the geographical position, num- 
ber and convenience of the pupils, he shall then make such decision as may 
appear just and equitable. Remanded. 

RICHARD C. BARRETT, 

February 3, 1899. Superintendent of Public Instruction. 



Ieving J. Johnston v. Independent District ob Sanborn. 

Appeal from O'Brien County. 

Restoration of Territory. The refusal of a board of directors of an inde- 
pendent district to concur in the restoration of certain territory may not be 
reversed except when clearly shown that such refusal was an abuse of discretion. 

County Attoenet. It is not only wise but in conformity with law for the county 
superintendent to consult the county attorney before deciding an appeal. 

The proceedings In this case are founded upon section 2792 of the code of 
1897 and is brought to have several sections of land now included in the Inde- 
pendent District of Sanborn restored to the school township of Summit, to which 
they geographically belong. 

The section to which reference is made above provides that territory so situ- 
ated may be restored by the concurrent action of the boards of directors, and 
shall be so restored upon petition of two4hirds of the electors residing upon 
the territory proposed to be set off, provided the school corporation that is to 
receive back the territory and the county superintendent concur. 

The transcript forwarded in this case is very complete. It shows that a peti- 
tion signed by two-thirds of the electors was presented to the board of directors 
of the school township of Summit and the territory accepted. For some reason 
not apparent, it was not then presented to the county superintendent, but was 
laid before the board of directors of the Independent District of Sanborn, Said 



288 SCHOOL LAWS OF IOWA. 

board failing to act, an action was brouglit at the May term of the district 
court in 1898 to compel action. In response to the court's order the hoard met 
and considered the petition on the eighteenth of June and rejfcled the same. 

From the decision of the board Il-ving J. Johnston ct al. appealed to the 
county superintendent, who affirmed the order of the board, and said parties 
now appeal to the superintendent of public instruction. 

In all cases of appeal the county superintendent is charged to make such 
decision as may be just and equitable. It is alleged that the decision rendered 
is not that of the county superintendent, but one given by the county attorney. 
We can not concur in the vieTN^ taken by counsel for appellants. It is not denied, 
however, that the county attorney did submit tq the county superintendent an 
opinion. In fact, the complete opinion of the county attorney is made a part of 
the transcript. Having heard the evidence, we think she acted wisely and in 
conformity with law in requesting the county attorney for the correct inter- 
pretation of the law relating to the issues, before deciding the appeal. 

It is also alleged that the county superintendent erred in refusing to concur 
¥/ith the board of directors of the school township of Summit as provided in 
section 2792. A careful reading of the transcript convinces us that the appeal 
is not, in this instance, from the action of the county superintendent in refusing 
to concur, but from her decision in affirming the order of the board of directors 
in rejecting appellant's petition. 

The question to be determined then is whether the board of directors of the 
Independent District of Sanborn in refusing to concur in the restoration of ter- 
ritory abused its discretion or violated law. The latter is not claimed. 

It is contended that the restoration of the territory is desired in order that 
additional school facilities may be provided for the children of the school town- 
ship of Summit. Such motives are commendable. Doubtless, the refusal to 
consent to the transfer of territory is, in part, for the reason that better school 
facilities are provided appellants by the board of directors in the Independent 
District of Sanborn. 

As a part of the Independent District of Sanborn those residing upon the 
territory in question enjoy several advantages. Among them is that of attending 
a well graded school in which is taught not only the common school branches, 
but the advanced studies as v/ell. Again, if territory is detached it becomes 
necessary for pupils to travel from the town while now not infrequently convey- 
ances in the regular order of business carry children both to and from school. 
That these advantages are appreciated is evidenced by the remonstrance signed 
by all but one of the present electors having children of school age, and pre- 
sented to the board of directors of the Independent School District of Sanborn 
prior to its action on the eighteenth of June. 

If pupils of the school township of Summit are not enjoying school facilities 
such as are most profitable and the board is desirous of securing increased ad- 
vantages it may arrange with any person outside the board for their trans- 
portation to and from school in the same or in another corporation. Expense 
incurred for such services may be paid from the contingent fund. 

Having carefully considered all of the facts and circumstances entering into 



SCHOOL LAWS OF IOWA. 289 

the merits of the case, we can find no reason to warrant us in disturbing the 
decision of the county superintendent or setting aside the action of the board. 

Affirmed. 
RICHARD C. BARRETT, 
Des Moines, Iowa, February 8, 1899. Superintendent of PuMic Instruction. 



E. F. Bacon v. The Independent Disteict of West Des Moines. 

Appeal from Polk County. 

Expulsion of Pupils. Pupils may be expelled by the board for immorality, 
violation of the regulations and rules estblished by the board, or when their 

presence is detrimental to the best interests of the school. 

• 

JuEiSDicTiON. The board of directors of a school corporation' have no jurisdic- 
tion over children after the termination of the school year. 

Existing School. The order expelling a scholar must be from an existing 
school. The scholar's relationship with the school is severed when the school 
year has closed and vacation ha-s begun. 

The facts presented for consideration in this case show that on the third day 
of June, 1898, the superintendent of the West Des Moines city schools, in ac- 
cordance with the provisions of section 2782 of the Code, notified the president 
of the board of directors of the suspension of certain pupils, among them Julius 
Bacon, son of the appellant, for acts of disorder, insubordination, and for con- 
duct detrimental to the best interests of the school. On the sixth day of June 
the board of directors met in regular session and was addressed by the ap- 
pellant in behalf of his son. Several of the suspended pupils present also spoke, 
acknowledged their wrong and asked for reinstatement. Julius Bacon acknowl- 
edged his error, but pleaded extenuating circumstances. The board then ad- 
journed without action until June 13th, a week after the close of the school 
year, at which time Bacon was expelled for one year from June 3, 1898, and 
the others from four to seven months. From the action of the board E. F. 
Bacon appealed to the county superintendent, who heard the case in regular 
form and affirmed the action of the board. Appellant now appeals to the super- 
intendent of public instruction. 

The law provides that the board of directors may expel any scholar from 
school; first, for immorality; second, for violation of rules; third, when the 
presence of the scholar is detrimental to the best interests of the school. 

To warrant the board in exercising its expulsive power it is not necessary 
that the scholar be a corrupter of youth, or a fiagrant, or a persistent violator 
of the established rules. It may, if occasion requires, summarily expel a pupil 
whose presence is considered harmful to the best welfare of the school. 

To deprive a pupil of school privileges, however, is an act of so much conse- 
quence that it should he decided upon only after all the circumstances entering 
into the case have been thoughtfully weighed. 

The provision authorizing boards to expel when the presence of any scholar is 
harmful is a recent enactment. Formerly courts held that pupils could be 
19 



290 SCHOOL LAWS OP IOWA. 

expelled from school only as a punisliraent for breach of discipline or for ofiEenses 
against good morals. 

Instances have arisen where pupils intellectually the superior of their asso- 
ciates and possessed of high ideals in many respects have, without displaying a 
spirit of insubordination themselves or openly disregarding the expressed wishes 
of those placed over them, become leaders and incited others to open revolt 
against the school authorities. Recognizing the weakness of the former pro- 
visions of law to deal with such cases, the general assembly in revising the 
code inserted the third division above given in order that boards could protect 
the interests intrusted to them. While the provision is an excellent one, the 
power conferred by it should always be exercised with great care and within 
proper and legal limits. 

Several questions are presented to us for consideration by counsel for ap- 
pellant. In view of the construction we feel obliged to put upon section 2782 
it is only necessary to determine the question: Has the board of directors of a 
school corporation jurisdiction over children after the termination of a school 
year, as determined by the board of directors? 

We are unable to find that this question has ever been determined by the 
supreme court of our state; hence to a certain extent reliance is placed upon the 
holdings of the judicial tribunals in other states. In a Nebraska case given in 
48 Northwestern Reporter we find that an attempt was made to show that the 
board was justified in expelling a pupil because of an alleged insubordination. 
In answer to the allegation the court said: "But the charge even if true relates 
to her conduct during a former term of school. We need not determine there- 
fore Vv'hether the testimony sustains that charge or not." Here the court de- 
clined to consider alleged charges of insubordination because they were com- 
mitted at a term of school having previously closed. 

The statute says that the board of directors have power to "expel any scholar 
from school." This language evidently means that before a board of directors 
may issue a valid order expelling a scholar from school, there must be an 
existing school and also a scholar to be expelled therefrom. 

The transcript shows that all school exercises for the year had closed, con- 
tracts had expired and teachers were released. 

While boards of directors are charged with the making of rules for the gov- 
ernment of schools, we are not disposed to hold that the law authorizes them to 
exercise control over teachers and pupils during vacation. Notwithstanding the 
fact that the board in this case ordered one pupil expelled for four months, 
three of which are for the vacation months of June, July and August, we are 
not fully satisfied that the board claims such authority or wishes to be charged 
with the responsibility. If such is the view taken, however, it can not be sus- 
tained. 

Julius Bacon had been a scholar the past year, but the relationship was 
severed at the time of the board's action. There is nothing to indicate that he 
would present himself and claim school privileges at the opening of the next 
year. 

We are always gratified when we can affirm the decision of a county super- 
intendent who has sustained a discretionary act of a board. A statement of 
fact such as was in this case presented to the county superintendent for his con- 



SCHOOL LAWS OF IOWA. 291 

sidcration would warrant an affirmance of a board's action in expelling a pupil 
for a reasonable time, if jurisdiction were not questioned. 

Inasmuch as there was no school and consequently nc scholars we can only 
find that Julius Bacon was not subject to the authority of the board of directors 
of the school corporation of West Des Moines and could not therefore be ex- 
pelled. 

The decision of the county superintendent is Reversed. 

RICHARD C. BARRETT, 

Des Moines, la., March 18, 1899. Superintendent of Public Instruction. 



E. F. Bacon v. Independent School District of West Des Moines. 

Appeal -from, Polk County. 

Application for Rehearing. 

Oral Argument. The failure of counsel for appellee to present oral argument, 
after being Informed of the hearing, will not justify a reopening of the case. 

Rehearing. To warrant the superintendent of public instruction in granting a 
rehearing it must be shown that some very serious error has been made. 

The attorney for the appellee comes now and asks for a rehearing in the 
above cause for the reason "that the sole question considered by the state super- 
intendent was one upon which this appellee was not heard in oral argument 
before him." 

For many years it has been the custom of the department of public instruc- 
tion in hearing appeal cases to notify interested parties. The office record shows 
that both appellant and counsel for appellee were notified of the time set for 
final hearing. The failure of counsel for appellee to present oral argument after 
being duly informed of the hearing will not justify the department in reopening 
the case. 

It is somewhat doubtful whether under the law a rehearing is contemplated 
or possible. An examination of the statute fails to reveal any direct provision 
authorizing the same, while section 2820 relating to appeals to the superintend- 
ent of public instruction says: "The decision when made shall be final." 
Doubtless, upon being convinced that a decision rendered was erroneous, either 
the county superintendent or superintendent of public instruction might recall 
the same and reverse or modify former holdings. To warrant either of these 
officers in reopening a case, it must be shown that some very serious error 
has been made, or that some additional testimony has been discovered which 
could not have been presented at the former hearing by using reasonable dili- 
gence. See case of Mary Grey v. Independent District of Boyle, S. L. 1897. 

In response to the application for a rehearing a willingness to receive and 
consider a written argument which counsel for appellee might submit touching 
the point determined in our former decision was expressed by the superintend- 
ent of public instruction. Before rendering our decision of March 18, 1899, all 
of the material points suggested were fully and carefully considered. Since 



292 SCHOOL LAWS OF IOWA. 

the receipt of counsel's argument we have reviewed the case and read with care 
the cases cited, and believe that nothing would he accomplished by a rehearing. 

The application is Denied. 

RICHAED C. BARRETT, 

Des Moines, Iowa, June 1, 1899. Superintendent of Puhlic Instruction. 



W. H. Messner and Foster Riglee v. The School Township or Bear Grove. 

Appeal from QutTirie County. 

Bond for Costs. The law does not require the filing of a bond for costs or the 
giving of security therefor as a condition necessary to perfect an appeal. 

Expense of Appeals. It is the evident intent of the law to make it possible for 
aggrieved parties to have a hearing with the least possible delay and annoyance, 
and at the lowest expense. 

This case arises from the action of the board of directors of the school town- 
ship of Bear Grove to redistrict the same. 

From the board's action the appellants appealed to the county superintendent. 
In accordance with the statute the secretary of the board of directors filed a 
transcript of the board's proceedings March 15th. On the twenty-second of 
March the county superintendent notified appellants that the appeal was not 
perfected, and that unless bonds for the costs were executed, filed and approved 
within twenty days from the date of notice the appeal would be dismissed and 
the action of the board of directors affirmed. On the eleventh of April, the ap- 
pellants having failed to comply with the order of the county superintendent 
the appeal was dismissed and the order of the board redistricting the town- 
ship affirmed. From this order appeal is now taken to this department. 

Appellants appeal from the ruling of the county superintendent in dismiss- 
ing the appeal case, affirming the action of the board, and in requiring them to 
give bonds for costs: 

1. Because the county superintendent erred in requiring appellants to give 
bond for costs. 

2. Because said ruling and action is, in fact, a denial of justice, In that It 
prevents appellants from having a trial and hearing as provided by law. 

An examination of the law relating to the taking of appeals from the action 
if a board of directors to the county superintendent fails to show any require- 
ment demanding a bond for costs from any of the parties in controversy. So 
far as we are able to learn, the only reference to costs in cases appealed to the 
county superintendent, is that contained in section 2821, which reads: "But if 
the superintendent is of the opinion that the proceedings were instituted with- 
out reasonable cause therefor, or If, in case of an appeal, it shall not be sus- 
tained, he shall enter such findings in the record and tax all costs to the party 
responsible therefor." 

The general provisions of law touching the question of costs are in no sense 
applicable to cases of appeal to the county superintendent or the department of 
public instruction. On the contrary, the law provides that any person aggrieved 



SCHOOL LAWS OF IOWA. 293 

by any order or decision of the board of directors may appeal therefrom to the 
county superintendent, and the basis of the proceedings shall be an affidavit 
filed with the county superintendent, within the time for taking the appeal. 
Nowhere can we find that the county superintendent is authorized to establish 
a different basis such as the giving of bonds for the security of costs. The 
evident intent of the law relating to appeals appears to be to make it possible 
for aggrieved parties to have a hearing with the least possible delay and an- 
noyance and at the lowest expense. 

Believing that the law does not require the filing of a bond for costs or the 
giving of security therefor as a condition necessary to perfect an appeal taken 
from the action of the board of directors, the decision of the county superin- 
tendent is reversed and the case is remanded with instructions to fix an early 
date for hearing the same upon merit. Reversed and Remanded. 

RICHARD C. BARRETT, 
June 26, 1899. Superintendent of Puilic Instruction. 



NoEA Oelke v. R. C. Spencer, CotTNTY Sxtpebintendent. 

Appeal from AudWbon County. 

Good Moral Character. The county superintendent should require proof that 
the applicant for a certifiicate possesses good moral character, unless he has 
personal knowledge of the same. 

Refusal of Certificate. Good moral character being one of the essential qual- 
ifications of a teacher, the county superintendent is fully justified in refusing a 
certificate to an applicant who fails to furnish satisfactory evidence of such 
character. 

Normal Institute. The county superintendent may refuse to enroll such per- 
sons as members of the normal institute as he has reason to believe are morally 
deficient. 

County Superintendent. Has large discretionary power in the matter of is- 
suing or withholding certificates, and his decision will not be reversed unless 
it is clearly shown that he was prompted by prejudice or ill-will, or acted with 
manifest injustice. 

This case arises from the refusal of the county superintendent to grant 
Nora Oelke a certificate to teach in the public schools, and to enroll her as a 
member of the normal institute. 

A hearing was had on the twenty-third and twenty-fourth days of August, 
1899, before the superintendent, who affirmed his former decision. Nora Oelke 
appeals. 

The law vests in the county superintendent large discretionary powers in the 
matter of issuing certificates. He must be fully satisfied that the applicant pos- 
sesses scholarship, teaching ability, and good moral character. Of the last 
named qualification the law makes it his duty to require proof, unless he has 
personal knowledge of the same. 



294 SCHOOL LAWS OF IOWA. 

Too great stress can not be laid upon the value of character in the school- 
room. The teacher's character and public conduct should be without reproach. 
Section 2737 of the Code contemplates that the county superintendent, among 
other things, should find as a fact and so certify that the person to whom 
authority to teach is granted is of good moral character. 

The county superintendent, being charged with this grave responsibility, is 
presumed to exercise his discretion justly and impartially. Not only is he the 
sole judge of the qualifications of those who desire to teach, but also of how 
fully he will give the applicant reasons for the refusal of a certificate. Walker 
V. Crawford, p. 42, S. L. Decisions, 1897. 

There is no evidence in this case that the action of the county superintendent 
was prompted by prejudice or ill-will. He privately cautioned the appellant, as 
well as her father, against certain indiscretions upon her part which had be- 
come a matter of public gOBSip, without receiving any satisfactory explanation. 

The superintendent, being a near neighbor to the appellant, formed his judg- 
ment as to her fitness to teach in a measure from personal observation of her 
conduct. Although represented by counsel at the hearing before the county sup- 
erintendent, the evidence offered in her behalf is very meager. So far as the 
record shows, no evidence whatever was offered to show that she is of good 
moral character. 

The refusal of the county superintendent to permit appellant to enroll as a 
member of the normal institute, is also assigned as error. 

Under the law the county superintendent has general charge and control of 
the normal institute. As its head he not only possesses the legal right, but in 
our opinion it becomes his duty to exclude from its membership persons who 
are intellectually or morally unfit to attend. Most educational institutions re- 
quire testimonials as to character before students are admitted. This rule is a 
reasonable one, and the head of a college or normal institute would be justified 
in refusing to enroll such students as he has reason .to believe are morally 
deficient. 

Under the law we are compelled to give due weight to the acts of the county 
superintendent. His decision should not be reversed unless it is clearly shown 
that he violated the law, abused his discretion, or acted with manifest injusticr. 
The evidence fails to disclose that such showing has been made. 

The decision of the county superintendent is therefore Affirmed. 

EICHARD C. BARRETT, 

Des Moines, December 15, 1899. Superintendent of Pu'bMc Instruction. 



J. M. Sutton v. The Independent District of Shelby. 

Appeal from SJielby County. 

Location of Schoolhouse Site. In the location of a schoolhouse site the board 
is justified in considering the wishes of a majority of the people as indicated in 
the vote upon the issuance of bonds. 

Expenditure of Money. Where money is voted by the electors for a specific 
purpose, or where they couple certain directions with their vote when authoriz- 



SCHOOL LAWS OF IOWA. 295 

ing the expenditure of money, such directions or vote may not be disregarded 
by the board. 

The board of directors, being about to erect a new building to be used for 
high school purposes, were petitioned to locate the same at a point east of the 
railroad track. From their action in refusing to grant the prayer of said peti- 
tion, the plaintiff appealed to the county superintendent, who, on the twenty-first 
day of September, 1899, affirmed the action of the board. From that decision 
appeal is taken to this department. 

It appears from the evidence that in March, 1899, the electors of the Inde- 
pendent District of Shelby voted to authorize the board to issue bonds in the 
sum of six thousand dollars, "for the purpose of erecting an additional school 
building, the same to be built of brick, and purchasing a steam heating plant 
and placing it therein and in the present building in said district, in such a 
manner as that both the new and the present school building shall be heated 
thereby." It being subsequently found that the amount first voted would be 
insufficient, the electors on the third day of August voted an additional three 
thousand dollars upon the same condition as the first issue was voted. 

We are unable to find that the board abused its discretion or violated law 
in rendering the decision complained of. The members of the board were evi- 
dently desirous of carrying out the wishes of the people as indicated in the vote 
upon the issuance of bonds. To our mind it is quite clear that the electors 
authorized the issuance of bonds with the understanding that the new build- 
ing should be erected in close proximity to the present one. Any other theory 
renders the clause, "and placing a steam heating plant therein and in the 
present school building in such a manner as that both the new and the present 
buildings shall be heated thereby," practically meaningless. 

This department, as well as the supreme court of our state, has held that 
where money is voted for a specific purpose, or where the electors couple certain, 
directions with their vote when authorizing the expenditure of money, such 
directions or vote can not be disregarded. 

The decision of the county superintendent is Affikmed. 

RICHARD C. BARRETT, 

Des Moines, December 14, 1899. Superintendent of Public Instruction. 



J. E. Rush et al. v. School TowjsShip of Franklin. 

Appeal frovi Allamakee County. 

Appeal. An appeal may be taken from the decision of th^ board to place a peti- 
tion on the table. 

In this case the appellants presented the following petition to the board of 
directors of the school township of Franklin at the regular meeting of the board 
of directors in September: 

"We, the undersigned citizens and residents of Franklin, in Allamakee county, 
Iowa, respectfully represent that they are without school advantages by reason 
of being so far from a schoolhouse that during the winter season nearly all of 
the small children in our neighborhood have to remain at home. 



296 SCHOOL LAWS OF IOWA. 

"That there is a sufficient number of school children of school age in our 
neighborhood to form a school if a school building could be placed near the sec- 
tion corners of sections 2, 3, 10 and 11. 

"We therefore respectfully ask that you take such action as will secure the 
location and erection of a school building at the corners of the sections above 
named and provide for a school to be held at that point." 

The certified copy of the transcript of the proceedings of the board shows that 
"after much discussion it was decided to place the petition on the table until the 
next meeting of the board." From this decision J. E. Rush et al. appealed to 
the county superintendent. At the hearing before this officer a motion to dis- 
miss the appeal was filed on the following ground, to-wit: 

"That there is in the record no grounds shown for an appeal in this — that the 
action complained of was simply a motion to lay the petition on the table — a 
matter from which no appeal can be taken." 

Two other counts are assigned, but are not of importance in the determination 
of this appeal. 

The county superintendent sustained the motion for the reason "that the 
action was not appealable," and dismissed the case. J. E. Rush and W. T. 
Roderick appeal to this department. 

The main contention is: May appeal be taken from the decision to place the 
petition on the table. 

In the case of Rogness v. District Township of Glenwood, appeal from Win- 
neshiek county, this department held that the right of appeal from the vote of a 
board to lay a petition on the table can not be questioned, but like any other 
action must be regarded as subject to appeal. 

In this opinion we find ourselves in accord. To hold otherwise under con- 
ditions such as are alleged to exist in this case would, we think, work great 
injury. The purpose of the board in laying the petition on the table is not ap- 
parent, but no other action upon their part could have more effectually pre- 
vented petitioners from obtaining relief. To sustain the decision of the county 
superintendent would, we think, at least be to encourage boards of directors 
in employing dilatory tactics instead of business methods in the transaction 
of educational aJfairs. 

The law prescribes that boards of directors shall hold semi-annual meetings in 
September and March. By section 2801 authority is conferred upon boards of 
directors to divide the school township Into subdistricts such as justice, equity, 
and the interests of the people require. This provision in the case of Donelon v. 
The District Township of Kniest, was held to mean that changes in boundaries 
of subdistricts could only be made at the regular September meeting or one 
called for that purpose before the following March. 

The order of the board was that the petition be laid on the table "until the 
next meeting of the board," but the records fail to show that any time was fixed 
for the meeting. 

It may be said that a special meeting could be called at any time. This is 
true, but the fact that no such meeting was held up to the time of hearing 
the appeal before the county superintendent on the nineteenth of .December, 
and the further fact that appellees are now strenuously seeking to have this 
department affirm the decision, is presumptive that the board had no intention 



SCHOOL LAWS OF IOWA. • 297 

of considering tlie interests of petitioners, prior to the annual meeting in March, 
if at all. 

In view of the above we think the case should be heard upon its merits by 
the county superintendent. It is therefore ordered that he fix a time, giving 
due and proper notice to interested parties, and after hearing testimony for 
either party, render such decision as may be just and equitable. 

Eeversed and Remanded. 
RICHARD C. BARRETT, 
Des Moines, Iowa, March 27, 1900. Superintendent of Public Instruction. 



A. J. Jones v. Independent Disteict of Ocheyedan. 

Appeal from Osceola Coiinty. 

Dismissal of Teachee. The board may not dismiss a teacher for refusing to 
teach grades or classes other than those named in the contract. 

Special Meeting. A teacher may not "be discharged at a special meeting called 
for the purpose of securing modification of his contract. 

Contract. A refusal of the teacher to agree to a change in a legal contract with 
the board is no ground for discharge. 

On March 23, 1899, the appellant entered into a written contract in the usual 
form by the terms of which he was to "teach the high school and superintend 
the public school" in the Independent District of Ocheyedan for the term of 
twenty-four weeks, commencing in September, 1899, and was to receive for such 
service the sum of seventy-five dollars per school month. 

On September 11, the opening day of the term, the board of directors at 
a special meeting convened at the schoolhouse passed the following resolution: 

"Whereas, The principal, A. J. Jones, has refused to accede to the request 
of the board in regard to the eighth grade being advanced to the high school 
room, he is hereby dismissed as principal and superintendent of the Ocheyedan 
public schools from this date, and his contract is hereby annulled." 

From the order of the board appeal was taken to the county superintendent, 
who affirmed the action of the board, and the appellant now seeks relief in 
this department. 

Appellant asks a reversal chiefly on two grounds, viz.: 

(1) That the eighth grade was no part of the high school and for that 
reason it was no part of his duty to teach it. 

(2) That he was not accorded that full and fair investigation contemplated 
by the law as set forth in section 2782. 

These two points will be considered in the order presented. 

1. We find from the transcript that at a meeting of the board of directors, 
held October 10, 1898, the appellant was requested to prepare a three years' 
course of study for the high school, and also a set of rules and regulations for 
the government of the schools. 

Appellees earnestly contend that the power to prescrihe a course of study and 
rules and regulations, rests with the board, and that in the absence of delegated 



298 • SCHOOL LAWS OF IOWA. 

authority to re-delegate sucli power, no power exists to thus delegate, and any 
attempt to do so is void. This question we need not determine, as no action 
of the board shows that it attempted to delegate any authority to appellant. 

A reasonable construction of the board's action providing that the principal 
prepare a course of study, is that he might make such course as would in his 
judgment meet the needs of the schools under his supervision, and submit his 
report to the board for approval, modification or rejection. This method is that 
usually adopted by boards, and the principle has indirectly been approved by the 
supreme court. {Hall v. Ind. District ApUngton, 82 Iowa, 686). 

At a special meeting of the board on October 15, 1898, the course prepared 
by appellant, together with rules and regulations, was adopted, and according 
to the testimony of Mr. Underbill was, so far as completed, printed by him on 
the order of the board in November following. It must, we think, be conceded 
that the board adopted the course of study with suitable regulations. We are 
led to this conclusion by the further fact that the board on September 11, 1899, 
voted to rescind the action of October 15, 1898, in reference to the course of 
study. The query naturally arises, why this action if no course were adopted? 

The contract entered into by the board with appellant was made in March 
following the adoption of the course, and, as above stated, provided that he 
should teach the high school, which, according to the classification adopted Oc- 
tober 15th, consisted of the ninth, tenth and eleventh grades. 

Did the board have the right to dismiss appellant for refusing to teach 
grades or classes other than those named in the contract? We think not. To 
answer affirmatively would be equivalent to stating that boards of directors have 
abrogative power relating to contracts with teachers. To allow them to re- 
pudiate contracts and force other parties to perform duties not agreed upon 
would, we think, be to encourage a breach of contract and a breach of faith. 

If a board has a right to modify, without consent, a contract to the extent 
of requiring a principal to teach an eighth grade not contemplated when the 
contract was made, there would appear to be no limit; and a hostile board 
could demand that a teacher under contract to give instruction in high school 
branches should teach primary pupils, or vice verlsa; and upon failure to exe- 
cute in a satisfactory manner the demands of the board, discharge him for in- 
competency. 

2. This case differs from that usually presented. There are no charges of 
incompetency, inattention to duty, partiality, or immorality. The testimony and 
the record show that appellant began his school September 11th at the usual 
hour of opening. 

The board of directors met on the afternoon of September 11th and after 
rescinding the action of October 15th, 1898, whereby a course of study was 
adopted, "adjourned to meet at the schoolhouse at once." Here the appellant 
was discharged, as stated in the resolution above given. 

Was the meeting such as the law contemplates shall be held in cases of this 
kind? The law wisely provides that a teacher may only be discharged after 
an impartial trial held for that purpose. In all the testimony, there is no dis- 
agreement as to the purpose of the meeting. It was for the purpose of getting 
the appellant to modify the contract by accepting the eighth grade, and not for 



SCHOOL LAWS OP IOWA. 299 

the purpose of discharging him. He was called into the presence of the board 
and informed of its purpose. 

Appellant stated in his reply, which was written, and which he was asked 
to give at once, that he was ready to fulfill his contract; that if the board 
had rescinded its action in regard to a course of study he would like to know 
what the course of study for the high school should be, and the duties of the 
superintendent under the same. He expressed a willingness also to teach even 
the eighth grade for a reasonable amount of additional salary. 

Li view of this expressed willingness of appellant to do that which seems 
reasonable, we are unable to justify the action of the board. We think a com- 
promise might well have been attempted, and proven at least reasonably satis- 
factory to both parties. The whole case has been given most earnest attention, 
and we can not find that appellant was discharged for good and sufficient cause, 
after that impartial investigation contemplated. His dismissal under all the 
circumstances revealed by the record can not be approved. Reversed. 

RICHARD C. BARRETT, 

Des Moines, Iowa, May 12, 1900'. Superintendent of Public Instruction. 



J. W. Lytle v. School Township of Washington. 

Appeal from Story County. 

Independent District Boundaries. It is mandatory upon the board of a school 
township to include in a proposed independent district all of the territory 
within the corporate limits of the town. 

Incorporated Town. In the formation of an independent district under section 
2794 of the Code, all the town must be included in the proposed district, not- 
withstanding the fact that said town was formerly located partly in a school 
township and partly in a rural independent district. 

Boundaries. The extension of the boundaries of a municipal corporation ex- 
tends the boundaries of the independent district of said municipal corporation. 

On February 17, 1900, at a special meeting of the board of directors of the 
school township of Washington there was presented a petition of thirty-three 
citizens of the town of Kelly, asking the establishment of an independent district, 
including therein all of the incorporated town. 

After discussion, the matter was deferred for a week in order that the board 
might more thoroughly investigate and obtain an opinion of the county super- 
intendent, county attorney, and other unbiased counsel, if deemed necessary. 

At the date fixed the board met and established the boundary lines for the 
new district, as requested by petitioners. 

On March 6, 1900, J. W. Lytle et al appealed from the order of the board to 
the county superintendent, who reversed its action. 

From the plat submitted, it is shown that the town of Kelley is situated on 
the township line in the townships of Washington and Palestine, and includes 
the following territory: 



300 SCHOOL LAWS OF IOWA. 

The south three-fourths of section thirty-one (31), and the south three-fourths 
of section thirty-two (32), west one-half of section thirty-three (33), range thir- 
ty-three (33), township twenty-four (24), in Washington township; the north- 
west quarter (%), of section four (4), north one-half (i^) of section five (5), 
and north one-half (%) of section six (6), in Palestine township, range eighty- 
four (84), township twenty-four (24). 

The chief point in controversy is, has the hoard of directors of a school town- 
ship authority in e-stablishing the boundary lines of a proposed independent dis- 
trict to include in the new district any part of the territory of adjacent rural 
independent districts? Generally speaking, such territory can not be included, 

Section 2794 of the code provides, however, that "upon the written petition of 
any ten voters of a city, town or village of over one hundred residents, to the 
board of the school township in which the portion of the town plat having the 
largest number of voters is situated, such board shall establish the boundaries of 
the proposed independent district, including therein all of the city, town or vil- 
lage." 

The section clearly indicates that it is mandatory upon the board to include 
in the proposed district all of the territory within the corporate limits of the 
town, regardless of whether or not the territory in part belongs to rural inde- 
pendent districts. Failure to do so would, we think, be a plain violation of law. 

It is true, as held by the county superintendent in his opinion, that no inde- 
pendent district may, in the formation of a new district, be subdivided so as to 
contain less than four sections of land, except in certain instances enumerated in 
section 2798. It is also true that "the independent district from which territory 
is detached shall, after the change, contain not less than four government sec- 
tions of land," etc. (Section 2793.) We are of the opinion that these limitations 
apply to the cases set forth in the sections cited, and are not applicable when it is 
proposed to form an independent district containing an incorporated town, lo- 
cated largely in a school township, and in adjacent rural independent districts. 

On March 23, 1899, in answer to the question: "Does the law as found in 
chapter eighty-nine (89), acts of the twenty-seventh general assembly, contem- 
plate that 'when the corporate limits of any city or town are extended outside 
of the existing independent districts or districts, the boundaries of said inde- 
pendent district or districts shall be also correspondingly extended,' without re- 
gard to township or county lines, manner of organization of the district or dis- 
tricts from which territory is taken, or the condition in which such district qr 
districts will be left after the territory has been taken?" Hon. Milton Remley, 
attorney-general, in concluding his official opinion to the department said : 

"My conclusion is that the extension of the boundaries of a municipal corpor- 
ation made in the manner required by law, extends the boundaries of the inde- 
pendent districts of said municipal corporation, without any action on the part 
of the school districts or their officers, and regardless of the effect of such change 
upon the district from which territory is taken." 

Thus it appears that while section 2794 makes it the duty of the board to in- 
clude all of the territory of the city, town or village in the formation of a new 
independent district, chapter eighty-nine (89) provides for the enlargement of 
the boundaries of the independent district, whenever the corporate limits are 
legally extended. So broad is this provision that the extension of the boundaries 



SCHOOL LAWS OF IOWA. 301 

of the municipal corporation, so as to include an entire district or districts, cor- 
respondingly extends the boundaries of the independent district. 

Though the opinion quoted has special reference to the extension of the bound- 
aries of the municipal corporation, we think the holding applicable in the case 
before us. 

We can not find that the board violated law, abused its discretion, nor acted 
with prejudice or malice. 

The decision of the county superintendent is, therefore, Reversed. 

RICHARD C. BARRETT, 

July 3, 1900. Superintendent of Public Instruction. 



G. N. Wilson v. Independent Distbict of HiTiaiAN, 

Appeal from Monroe County. 

Expulsion of Scholar. The board may, by a majority vote, expel any scholar 
from school for immorality, or for any violation of the regulations or rules estab- 
lished by the board. 

Notice. The law does not require school boards to give parents or pupils notice 
or a chance for defense before ordering suspension or expulsion. 

Action of the Board. Must be affirmed in the absence of showing of malice, 
prejudice, or violation of law. 

The majority of the board of the Independent District of Hiteman expelled a 
son of the appellant, a pupil In room No. 3, from the school and school grounds 
for bad and immoral conduct. From the action of the board, appeal was taken to 
the county superintendent, who sustained the board, and an appeal is taken to 
the superintendent of public instruction. 

Section 2782 provides that the board may, by a majority vote, expel any 
scholar from school for immorality, or for any violation of the regulations or 
rules established by the board; and it may also confer upon any teacher, prin- 
cipal or superintendent the power temporarily to dismiss a scholar, notice of 
such being at once given in writing to the president of the board. 

The record presented shows that the board had by Rule No. 2 conferred 
upon the principal the "power to suspend any pupil for repeated disobedience; 
for filthy or immoral habits or language, for injuring or defacing school prop- 
erty, or for any intentional violation of the rules." Under the authority thus 
conferred, the principal did, on the seventeenth day of December, 1900, notify 
the president of the board of the dismissal of J. Wilson, for conduct unbecoming 
a pupil. On the following day the board in special session sustained the order 
of the principal "until such time as his parents shall give assurance to the 
school board that he will comply with the rules of the school." 

In appealing to the county superintendent, appellee alleges that said pupil 
was "expelled without cause and without legal notice or chance to defend." 
Appellant seems to have an erroneous idea regarding the power of a board to 
dismiss a pupil. The law does not demand that the board shall give parents 
or pupils notice or chance for defense before ordering suspension or expulsion. 



302 SCHOOL LAWS OP IOWA. 

The power to expel a pupil is wholly within the discretion of the board. How- 
ever, the undisputed testimony of the principal goes to show that the father 
of the boy was notified by a member of the board of the meeting to be held for 
the purpose of investigating the case. 

A careful examination of the entire record submitted fails to reveal that the 
action of the board is in any way tainted by malice or prejudice, or that there has 
been a violation of law. In expelling the pupil until such time as he was 
willing to conduct himself properly and obey the reasonable regulations of the 
school, we think the board acted in a very conservative and proper manner, and 
that the county superintendent was justified in sustaining its action. 

The decision of the county superintendent is Affiemed. 

RICHARD C. BARRETT, 

Des Moines, Iowa, May 27, 1901. Superintendent of PuMic Instruction. 



H. A. Topping and Thomas Williams v. School Township of Union. 

Appeal from Van Buren County. 

Correction of Decision. The superintendent, in the discharge of his judicial 
duties, may, within a proper time, recall and correct a decision erroneously 
rendered. 

Decision. The county superintendent is warranted in rendering a decision based 
upon certain conditions. 

This case arises from the action of the board of directors of the school 
township of Union in voting to remove the schoolhouse in subdistrict number 
four from its present location to a site one-half mile south and one mile west. 

Upon appeal to the county superintendent, it was shown that the children 
from the families of appellants would be nearly or quite two and one-half miles 
from the schoolhouse located upon the new site. The county superintendent 
remanded the case to the board July 1st, with the recommendation that it make 
provision for the schooling of the children in adjacent districts, provided they 
desire to attend, "but if that is not done we will be compelled to reverse the 
action of the board." On July 16th a statement signed by the president and 
secretary pro tem. of the board of directors of Union township was filed, al- 
leging that the board had made arrangements to send appellants' children to 
school in accordance with the decision. On the same date attorneys were noti- 
fied that the action of the board was sustained. On July 23d counsel for ap- 
pellants filed a statement from the board of directors of the Independent Dis- 
trict of Winchester to the effect that "no provision has been made with the 
board of the school township of Union for the schooling of the children of 
Thomas Williams." On the following day counsel filed a motion, asking that 
the decision rendered July 16th be set aside, since the board had failed to carry 
out its provisions. 

In passing upon this motion the superintendent held, that since notices 
had been sent to interested parties that the action of the board was sustained, 
the case was closed and could neither be reopened nor the decision set aside. 



SCHOOL LAWS OF IOWA. 303 

In this conclusion we think the superintendent unintentionally erred. In 
the case of Desmond v. The Independent District of Glenwood, 71 Iowa, page 23, 
the supreme court held: 

"The superintendent of public instruction, in the discharge of his judicial 
duties, has the power to correct mistakes in rendering jQdgments in a case 
before him possessed by all courts and judicial officers. If, through mistake, he 
should announce a decision differing from the decision actually rendered, he 
possesses the power to recall such an announserr.ent, and publish the decision 
correctly; or if, mistakenly, he should render a decision, he could, before rights 
had been acquired under it, and within a proper time, upon discovering the 
mistake, recall it and decide rightly." We think that the county superintendent 
has the same power. 

By the provisions of section 2774 the board of directors has power to con- 
tract with boards of other school townships or independent districts for the 
instruction of children who live at an unreasonable distance from their own 
school; and we think the county ■superintendent was warranted in rendering. a 
decision based upon certain conditions. 

The case is remanded to him with the suggestion that he reopen the same, 
and give all parties interested the opportunity to show clearly and definitely 
that there has or has not been a compliance with the decision. 

If such showing is not made within a reasonable time, it is recommended 
that he make such decision as to him appears just and equitable, after taking 
into consideration the geographical position, numher and convenience of pupils. 
From the decision, any party aggrieved will have the right to appeal. 

Remanded. 
RICHARD C. BAREETT, 
Superintendent of Pudlic Instruction. 

Des Moines, Iowa, November 13, 1901. 



F. E. Hammer v. Will Cook. 

Appeal from Adair County. 

CoxsTiTUTioxALiTY OF LAWS. It is not the province of the county superintend- 
ent or of the superintendent of public instruction to determine the constitution- 
ality of the law, since these officers exercise m.inisterial rather than judicial 
powers, and no appeal may be had to the supreme court. 

Jurisdiction of Superintendent. It is the duty of the county superintendent 
and of the superintendent of public instruction to give effect to the law as 
interpreted by the courts. 

Costs — Taxing of. The costs in cases triable before the county superintendent 
should be paid by the party instituting the proceedings unless there were good 
and sufficient reasons for beginning the action and the allegations have been 
proved. 

Costs — Taxing the Corporation. Under section 2821, where the county super- 
intendent could not under her findings tax the costs to the plaintiff because 



304 SCHOOL LAWS OF IOWA. 

there was reasonable cause for instituting the proceeding, nor to the defendant 
for the reason that she had to find for said defendant, she must, tax them to 
the school corporation. 

On the twelfth d^ of January, 1904, Mrs. Ella C. Chantry, county superin- 
tendent of Adair county, in rendering a decision in the ahove entitled case, 
taxed the costs amounting to $51.05 to the school township of Harrison. There- 
upon the school township, through its attorney, filed a motion with the county 
superintendent to retax the costs, and on the ninth day of February, 1904, the 
motion was overruled. From this action of the county superintendent, the 
board of directors of the school township of Harrison appeals to the super- 
intendent of public instruction. 

Two questions only need be considered: First, had the county superin- 
tendent warrant in law to tax the costs to the school township; and, second, 
if she had such warrant, did she abuse her discretion in so taxing? 

Section 2821 of the Code says: 

"The county superintendent in all matters triable before him shall have 
power to issue subpoenas for witnesses, which may be served by any peace 
officer, compel the attendance of those thus served, and the giving of evidence 
by them, in the same manner and to the same extent as the district court may 
do, and such witnesses and officers may be allowed the same compensation as 
is paid for like attendance or service in such court, which shall be paid out of 
the contingent fund of the proper school corporation, upon the certificate of 
the superintendent to and warrant of the secretary upon the treasurer; but if 
the superintendent is of the opinion that the proceedings were instituted with- 
out reasonable cause therefor, or if, in case of an appeal, it shall not be sus- 
tained, he shall enter such findings in the record, and tax all costs to the 
party responsible therefor." 

The transcript of this case shows that the plaintiff, F. E. Hammer, pre- 
ferred charges against Will Cook, a teacher, and sought to secure the revoca- 
tion of the certificate of said Cook. The two parties in interest were Hammer 
and Cook. Counsel for appellant argues that the school township "was in no 
way made a party to the proceedings, had no notice therein, nor any oppor- 
tunity to appear, defend or prosecute said proceedings;" and that the order of 
the county superintendent in taxing the costs to the school tov/nship, if sus- 
tained, would deprive the school township of its property without due process 
of law. It is, therefore, urged that section 2821 of the Code, insofar as it at- 
tempts to confer jurisdiction to tax costs to school corporations, where such 
a school corporation was not a party to the proceedings, is unconstitutional, and- 
we are asked to so declare it. This, manifestly, we can not do, since no appeal 
can be taken to the supreme court from a decision of the superintendent of pub- 
lic instruction. We are obliged to give effect to the law as it stands until the 
same is annulled by the supreme court. Section 2821 plainly makes it the duty 
of the county superintendent to tax the costs in "all matters triable before him," 
either to the school corporation or to the party responsible for bringing the case. 

If the county superintendent could not, under her findings, tax the costs to 
F. E. Hammer, she was obliged to tax the costs to the school township of Har- 
rison, and if the constitutionality of the law under which this power was exer- 



SCHOOL LAWS OP IOWA. 305 

cised is to te questioned, the school township should seek to secure an order 
from the district court to set aside the judgment. 

But, had F. E. Hammer reasonable cause for instituting the proceedings? 
The county superintendent in her decision says: "I find that this proceeding was 
begun in good faith and that he (F. E. Hammer) had reasonable cause for 
filing the information." In support of this conclusion the evidence shows that 
the most serious allegations of the information were sustained — that the 
teacher had resorted to methods of punishment that can not te approved, and 
that in the course of a fight with two of the large boys of the school he had 
used obscene and indecent language. But there were extenuating circum- 
stances, and the certificate was not revoked, the superintendent instead repri- 
manding the teacher for his errors. 

We are of the opinion that the costs in cases triable before the county super- 
intendent should be paid by the party instituting the proceedings, unless there 
is very good cause for beginning the same and the allegations are fully proved. 
In the case before us the allegations of the plaintiff were suetained by the evi- 
dence, and while the prosecution was, no doubt, prompted in part by malice, 
in the exercise of her discretionary powers conferred by section 2821 of the 
Code, the county superintendent refused to tax the costs to the plaintiff, F. 
E. Hammer. We do not find sufficient cause for reversing this decision, it 
being a well recognized rule of the courts that in the absence of an affirmative 
showing of an abuse of discretion, the presumption is that it was properly 
exercised. (58th Iowa, page 131.) Affirmed. 

JOHN F. RIGGS, 
Des Moines, Iov*a, May 25, 1904. Superintendent of Public Instruction. 



G. E. Hancock et al. v. School Township of Franklin. 
Appeal from Allamakee County. 

Power of Committee of a School Board. A school board may not confer upon 
a committee authority to purchase a site, contract for the erection of a school- 
house or perform any other duty enjoined upon the board by the law. 

School Privileges— Transportation. While it is incumbent on the board to 
furnish reasonable school privileges for all the children of the township, it is 
often the better plan to transport pupils to existing schools than to establish 
additional schools. 

Redisteicting — Entire Corporation Considered. A school board in establish- 
ing subdistrict boundaries must consider the interests of all in the corporation. 

At a regular meeting of the board of directors of the school township of 
Franklin, held on the twenty-first day of March, 1904, a motion was adopted by 
unanimous vote by which the president of the school board was empowered and 
instructed to "appoint a committee of three to lease a schoolhouse site to set 
the No. 9 schoolhouse on. That this committee be empowered to let contract 
of moving schoolhouse, surveying school site, and all other work pertaining to 
such work, and are authorized to draw orders on the treasurer to pay for the 
same." 

20 



306 SCHOOL LAWS OF IOWA. 

From this action of the board appeal was taken to the county superintendent, 
who, on June 6, 1904, rendered his decision affirming the action of the board, 
as set forth in the resolution, and approving the selection of the site made by the 
committee appointed under the resolution. 

From this decision of the county superintendent G. E. Hancock et al, appeal 
to the state superintendent, and ask a reversal on two grounds: 

First, that the order and proceedings of the school board were unuathorized, 
and 

Second, that, had the action been regular, the removal of the schoolhouse to 
the location where the testimony shows the committee proposed to move it, 
would be prejudicial to the rights of appellants and the school patrons and tax 
payers of the township. 

Section 2773 of the Code makes it the duty of the school board to "fix the 
site for each schoolhouse," and it has been held by this department that "the 
power to locate sites for schoolhouses is vested, originally, exclusively in the 
board." 

Counsel for appellees contend that when the action of March 21st was taken 
it was well understood by all members of the board where the schoolhouse was 
to be placed. While this is altogether probable, it is not revealed in any way 
in the records, and there was nothing in the resolution that limited the com- 
mittee in any particular. Neither is there any record to show that the com- 
mittee was to report its findings back to the board for final action. In fact, the 
contrary is inferred, since the committee was "empowered to let contract for 
moving schoolhouse, surveying school site, and all other work pertaining to such 
work, and to draw orders on the treasurer to pay for the same." 

We are of the opinion that the board clothed this committee with powers 
which a school board alone can exercise. 

A committee of the board may properly make choice of a definite site and 
secure an option from the owner of same, either to lease or sell, and then report 
back to the full board for adoption or rejection. 

The fact that the committee did make a report to the board on the eighteenth 
day of June, — twelve days after the county superintendent gave his decision, — ' 
does not legalize the act of the board in appointing the committee with powers 
which the board could not legally delegate. It was the evident intent of the 
board when appointing the committee that no report was expected, at least 
not until the entire work of surveying the site and of moving the schoolhouse 
should be completed. The board was further in error in authorizing a committee 
of its members to "draw orders on the treasurer." Section 2780 of the Code 
makes it the duty of the board to "audit and allow just claims against the cor- 
poration, and no order shall be drawn upon the treasury until the claim therefor 
has been audited and allowed." 

Since the powers delegated to the committee were unauthorized by law, it 
follows that the work of the committee can not stand. It is thus unnecessary to 
enter into a full discussion of the second contention of plaintiff, viz.: That the 
site selected by the committee, had it in fact been regularly and legally se- 
lected, would have been an abuse of discretion and reversible error. 

But since the board will have the whole question before it anew, we venture 
to suggest that in adjusting the subdistrict boundaries or in changing the 



SCHOOL LAWS OF IOWA. 307 

location of one or more of the schoolhouses, careful deliberation should be had 
and the strict form of the law should he adhered to. 

The record of the case shows that the board has for years attempted to har- 
monize conflicting interests and has, as we believe, sought in good faith to serve 
the interests of the entire township. While it is incumbent upon the board to 
furnish reasonable school privileges for all the children of the township, it 
would, in our judgment, be unwise to create a new subdistrict and establish 
an additional school. Last year there were but 184 pupils enrolled in the entire 
township of Franklin. In some of the schools of this township the enrollment 
is now far too small for satisfactory school work or reasonable economy in the 
maintenance of the school. A saner course than the establishing of an ad- 
ditional school would be for the board to furnish transportation for those children 
remote from school. Indeed, we are strongly of the opinion that some of the 
schools now existing could be profitably abandoned and the children carried 
to another school, which could easily be made a better school. We commend to 
the board a careful consideration of this suggestion, believing as we do that 
partial consolidation of school interests and transportation of pupils remote 
from school will solve the difficult problem with which the board has been 
contending for years. We venture this suggestion as one of the means of meet- 
ing a difficult situation and at the same time of increasing the enrollment and 
average attendance in the township. 

But whatever course the board may take, the interests of the entire town- 
ship must be considered and an adjustment made that will do practical justice 
to all. It is with the confident belief that the board will make such adjustment 
that the case is remanded for further consideration and action. 

Reversed and Remanded. 
JOHN F. RIGOS, 
^Superintendent of PuWc Instruction. 

Dcs Moine?, Iowa, November 14, 1904. 



A. Engbers et ail. v. School Township of Richmond. 

App^a,l from Mahaska County. 

Rkcords. The secretary's record should show a copy of each notice, a complete 
account of the transactions of all meetings of the board and of the electors, 
arranged in chronological order, the date of each being given, the names of 
the members present at each meeting of the board, and the names of those 
voting for and against each proposition acted upon by it. 

Record — Defective. A defective record may render it impossible to try a case 
on its merits. 

Election — Notice of Proposition. No proposition may legally come before the 
electors at a regular or special meeting unless ten days' notice has been given. 

Notice — Form of Fkoposition. The proposition submitted to the electors must 

not diiier in any essential from the proposition as advertised in the notices. 



308 SCHOOL LAWS OF IOWA. 

Vote of Electors — Insteuctions. When the electors vote a schoolhouse tax to 
erect a schoolhouse on a particular site the board is without power to erect it 
on a different site. 

JUEiSDicTiON OF SUPERINTENDENT. Neither the county superintendent nor the 
superintendent of public instruction have jurisdiction over questions arising 
under the voting of taxes. 

The transcript in this case shows that on the sixth day of March, 1905, the 
electors in Subdistrict No. 10 of Richland township decided to ask that a tax 
be voted for the erection of a schoolhouse in said subdistrict on the old site. 

At the annual meeting, held one week later, the proposition was presented to 
the electors, the secretary's record of the proceedings being as follows: 

"No. 10, subdistrict, asked for tax to build new schoolhouse; amount, $700. 
They also asked for new road to schoolhouse; amount not named. Motion made 
to move schoolhouse site one hundred rods south and one-half mile west in 
subdistrict number ten from what it is now, providing the tax for schoolhouse 
carried." 

Eighty-four ballots were cast for this motion, fifteen against, and one blank. 

The school board held meetings on March 20th, April 10th, May 27th and 
July 22d. But the record does not show who of the members were present, 
although the testimony would indicate that a majority of the members were 
present at each meeting. It appears that no motion was made or vote taken 
at any one of these meetings and the secretary, so far as the transcript shows, 
took no minutes of what may have been informally agreed upon. 

The following advertisement appeared in the New Sharon Star for four con- 
secutive weeks, beginning with the issue of June 14, 1905: 

BIDS FOR SCHOOLHOUSE. 
The school board of Richland township will receive bids for the building of a 
. new schoolhouse in Subdistrict Number 10, Richland township, Mahaska county, 
Iowa. Plans and specifications are now in the hands of the secretary, with 
whom bids may be left. Said bids will be opened July 22, 1905. The board re- 
serves the right to reject any and all bids. Mamie Lindsley, Sec, 

Peoria, Iowa. 

Bids were opened and the contract awarded July 22d, and on the same date 
appeal was taken to the county superintendent who, after admitting an amend- 
ment to the affidavit of appeal, proceeded with the trial and rendered a de- 
cision, ordering the schoolhouse to be placed on the old site. From this de- 
cision of the county superintendent the board of directors appeal to the super- 
intendent of public instruction. 

W© can not condemn too strongly the careless manner, both in transacting 
the business and in keeping the records in this school township. The secre- 
tary's records should show copies of all notices posted, a complete record of all 
business transacted at the annual meeting of electors, the date of every meet- 
ing of the board and the place held, the members present, the votes taken, and 
every important item of business transacted. Particularly in all matters re- 
lating to the voting of taxes and expending of public money the records should 
be full and explicit. But in the case at bar, with four meetings of the board 
held, and important questions involving the expenditure of public money de- 
termined, ther.e is no evidence that the business transacted at any of these 



SCHOOL LAWS OF IOWA. 309 

meetings was made a matter of record. While there is nothing in the testimony 
to show that the board acted in bad faith or purposely sought to deceive, the 
record is so incomplete that the actions from which appeal is sought to be made 
could not be easily located or the nature of the action clearly determined. 

The transcript In the case does not give a copy of the notice of the annual 
meeting (required by section 2746 of the Code), and the record is silent as to 
what said notice contained. This omission is unfortunate, for the whole ques- 
tion of the legality of the action taken by the electors and the subsequent 
actions of the board rests upon the contents of this notice. Section 2749 of the 
Code enumerates certain powers the electors may exercise when assembled at 
the annual meeting on the second Monday in March, among others the power 
to vote a schoolhouse tax for the purchase of grounds and the construction of 
schoolhouses. Section 2746 provides that the secretary of the board of directors 
shall give not less than ten days' notice of said meeting by posting notices in at 
least five public places in the corporation, said notices to specify "the place, 
day, hours during which the meeting will be in session, specifying the number 
of directors to be elected and the terms thereof, and such propositions as will 
be submitted to and determined by the voters." 

In the case of Ooerdt v. Trumm, 118 Iowa, page 207, the supreme court holds 
that none of the propositions enumerated under section 2749 can be legally 
acted upon by the electors at the annual meeting unless specific and legal notice 
has been given that such proposition or propositions will be submitted. In the 
case at bar, with the incomplete transcript, we are unable to know whether or 
not the action taken by the electors March 13th was legal. 

The preponderance of the testimony shows that the motion voted upon was 
understood by the electors to combine two propositions, viz.: The location of 
the site and the voting of the tax. If then the notices previously posted by the 
secretary stated that the question of voting a tax to build on a site at or near 
one hundred rods south and one-half mile west of the old site would be sub- 
mitted, the vote on such question locating the schoolhouse and voting the tax 
for its erection was legal and the board was without power to select a different 
site. 

While the record is entirely silent as to the contents of the notice of the 
annual meeting posted by the secretary, it is improbable that any mention was 
made in such notice that a change of site was contemplated, for Mr. W. S. 
Lindsley, in his testimony, says: "At the annual meeting I made the suggestion 
that we change the schoolhouse site from where it was to one hundred rods 
south and a half mile west." It appears that this suggestion was made for 
the first time at the annual meeting, and that it had not been mentioned in 
the written notices posted by the secretary ten days before, and therefore could 
not be considered by the electors. If no notice of the site proposition was given, 
the fact that it was coupled with the tax proposition would invalidate the entire 
vote, even if legal notice as to the tax proposition had been given, the rule 
being that the proposition as voted upon must not differ in any essential from 
the proposition as advertised. 

If then the electors acted within their rights in voting the tax and the loca- 
tion, the board was under the necessity of carrying out the instruction given. 
(Rodgers v. School District of Colfax, 100 Iowa, 317.) If, on the other hand, the 
action of the electors in voting the tax and the location was illegal, no tax 



310 SCHOOL LAWS OF IOWA. 

could be legally raised and no schoolhouse could be legally constructed. In 
either case an appeal would not lie. If the whole procedure has been without 
warrant of law, as we suspect, the board may be enjoined from collecting or 
applying any public funds for the payment of site or construction of school 
building. 

The county superintendent was without jurisdiction, and the case is therefore 

Dismissed. 
JOHN F. RIGGS, 
Superintendent of Public Instruction. 
Des Moines, Iowa, November 27, 1905. 



Rose Byrne v. Independent School District of Struble. 

Appeal from Plymouth County.- 

Dismissal of Teacher — Charges. Charges to warrant a dismissal must be 
specific and sustained by evidence. Indefinite and anonymous complaints are 
insufficient. 

Dismissal of Teacher — Appeal — Burden of Proof. In a trial before the 
county superintendent on an appeal from an action of the school board dis- 
missing a teacher the burden of proof is on the board. 

On the twenty-third day of January, 1906, the board of directors of the 
Independent District of Struble met in special meeting to investigate certain 
charges preferred against Rose Byrne, a teacher in the employ of said board. 
At said meeting seven communications (one of them anonymous), addressed 
to the school board, were read. Each of these communications contained one 
or more complaints against defendant teacher. At said meeting Miss Byrne 
was represented by her attorney and filed a denial of the charges. The transcript 
does not show that any evidence was introduced before the board in support 
of the charges, but that, after hearing the complaints read and the denial by 
defendant teacher, a motion to dismiss Miss Byrne at once was carried, three 
of the four directors present voting in the affirmative. Appeal was taken, and 
the case coming on for hearing before the county superintendent, the action of 
the board was reversed and Miss Byrne ordered reinstated in her position in 
the Struble school, whereupon the board appealed to the superintendent of public 
instruction. 

The case, as we view it, involves the question: 

First. Can a board discharge a teacher on complaints general in chairacter 
and without the introduction of evidence to fully substantiate the same? 

Second. In an appeal to the county superintendent from a decision of the 
board in dismissing a teacher, is the burden of proof upon the board or upon 
the teacher? 

Section 2782 of the Code provides that a teacher may be discharged for 'in- 
competency, inattention to duty, partiality, or for any good cause." 

While the boards are given large discretion and, in the trial of such cases, are 
not required to observe the strict forms of a court of law, it is necessary that 
they make thorough investigation of charges lodged; that the charges, if proven 



SCHOOL LAWS OP IOWA. 311 

true, be of sufficient consequence to warrant a termination of the contract, and 
that such charges be specifically set out and clearly proven. 

In the case at bar the charges were so general in character, and some of them 
so trivial, that full testimony from creditable witnesses would be required to 
convince any court of review that they were sufficient to warrant the board 
in dismissing the teacher. Such testimony was not given before the board. It 
was therefore the duty of the county superintendent upon appeal to take evi- 
dence and determine the very case the board had determined. (S. L. 2819.) 
When the case was before the board, the burden of proof was unquestionably 
upon that body. The prosecution must establish the guilt of the accused, not 
the accused prove her innocence. If the board, without examining a witness 
or taking a word of testimony that would have standing in any court of law, 
can discharge a teacher, such board can not in the hearing before the county 
superintendent insist that the burden of proof is upon the teacher. While the 
county superintendent must give due weight to the decision of the board, and 
will not reverse the board except upon a clear showing of violation of law or 
abuse of discretion, he can not require the teacher to offer testimony in proof 
of her innocence when the board has introduced no testimony to prove her guilt. 

The decision of the county superintendent is Affirmed, 

JOHN F. RIGGS, 
Superintendent of Public Instruction. 

Des Moines, Iowa, March 27, 1906. 



Clyde Freeman v. D. E. Brainard. * 

Appeal from Harrison County. 

Revocation of Certificate — Charges. Defendant through defective hearing is 
incapacitated to properly conduct school — that he had been in the habit of 
going to the outbuildings to smoke — that he was indifferent and neglectful 
of his duties. 

Evidence. The evidence establishes the fact that defendant was in such a 
measure deaf that he could not detect by ear the disorder resulting from 
whispering and that he could not properly conduct classes. It was also 
shown tliat he smoked in the outbuilding. The evidence concerning other 
complaints was not so full, but proved carelessness and indifference. 

County Superintendent. The law makes it the duty of the county super- 
intendent to satisfy himself of the general fitness and good moral character 
of every applicant for a certificate and provides that he may revoke a certificate, 
"for any cause which would have authorized or required a refusal to grant 
the same." 

Clyde Freeman received a uniform county certificate of good grade 
July 1, 1909. 

He was subsequently employed as a teacher in Harrison county. 

On March 18, 1910, the county superintendent of Harrison county notified 
Clyde Freeman that certain complaints having been made concerning his work 



312 SCHOOL LAWS OP IOWA. 

as a teacher, a hearing would tie held on March 25, 1910, at which time 
he would be given opportunity to show why his certificate should not be 
revoked. 

At the hearing, it was shown that plaintiff is in such measure deaf that 
he can not detect by ear the disorder resulting from whispering and that 
in conducting classes he must be near to and in front of the class in oi'der 
to hear well. 

It was also shown that he has been in the habit of going to the outhouse 
at recess for the purpose of smoking and that this fact was known to the 
pupils. 

The evidence concerning other complaints is not full, although it seems 
pretty well established that there has been in some measure indiaierence and 
neglect of the work of the school. 

After tne hearing, the county superintendent took the case under advise- 
ment and on March 28, 19-0, issued an order revoking the certiflcate. Clyde 
Freeman now appeals to the Superintendent of Public Instruction. 

The law makes it the duty of the county superintendent to satisfy himself 
of the general fitness and good moral character of every applicant for a 
certificate and provides that he may revoke a certificate "for any cause which 
would have authorized or required a refusal to grant the same." 

In the case of Walker vs. Crawford, school law decisions, Hon. Henry Sabin 
says: "The discretion vested in the county superintendent by law is very 
large, and for this purpose, that he may guard the public schools against 
the intrusion of persons unworthy or unfit for the office of teacher. The 
department of public instruction can not release him from his responsibility, 
nor can it interfere with his discretionary acts except upon the clearest and 
most convincing proofs of violation of law, or of the influence of passion or 
prejudice in the performance of his official duty." 

In the case before us, the evidence shows that the county superintendent 
had visited the school and was familiar with all the facts. Although the 
charge is made that he was actuated by malice, we fail to find evidence of 
this in the transcript. 

From the facts shown, we fail to find reason for reversing the decision 
of the county superintendent, and his order of revocation is, therefore, sus- 
tained to tecome effective on and after April 23rd, 1910. 

Ajffiemed. 
JOHN F. RIGGS, 
Superintendent of Piiilic Instruction.. 



W. C. Arj^old et al. v. Schooi, Township of Richland. 

Appeal from Wapello County. 

ScnooLHousEs. Schoolhouses must be located to accommodate all pupils and 
may not be in an objectionable locality. 

Board of Dieectoes. School boards must provide equal school advantages to 
all so far as possible either by furnishing § guitable building or by trans- 
portation. 



SCHOOL LAWS OF IOWA. 313 

Transportation. If the schoolhouse has been destroyed and school can not 
be maintained then all pupils shall be transported who live over one and 
one-half miles from the schoolhouse they are directed by the board to attend. 

On September 18, 1909, the board of directors of the school township of 
Richland entered into a contract with Thomas Vanderpool for the use of a 
building to serve as a schoolhouse in subdistrict No. 7 for the current school 
year and ordered school to be held therein. From this action appeal was 
taken to the county superintendent who affirmed the decision of the board, 
and W. C. Arnold et al, now appeal to the Superintendent of Public Instruction. 

From a careful study of the record and of the written arguments of 
counsel it appears that all admit the necessity of a schoolhouse in subdistrict 
No. 7. This subdistrict has been without a schoolhouse since February 16, 190'8. 
Since that date two elections have been held in the school township and one 
in the subdistrict for the purpose of voting a schoolhouse tax with which 
to build a schoolhouse in this subdistrict, but in each case the proposition 
failed to receive a majority of the votes cast. 

Failing in the attempt to rent a room in the subdistrict for schoolhouse 
purposes during the school year 1908-1909 the board provided transportation 
for the pupils of subdistrict No. 7 to other schools in the school township. 

As the school year 1909-1910 approached, the electors having failed to 
provide funds with which to erect a schoolhouse in subdistrict No. 7, two 
courses were open to the board: First, to provide transportation for the 
children in this subdistrict as was done last year, or, second, rent a room 
and establish a school in the subdistrict. The board chose the second al- 
ternative. But it is charged that the building selected is remote from many 
homes in which school children reside, and that the surroundings are so 
objectionable as to make it undesirable for school uses. In our opinion the 
evidence fully sustains these charges. 

The county superintendent in her opinion raises the question as to the 
legal right of the board to transport the pupils in this particular case, since 
it is evident that it will cost the township more to transport the pupils of sub- 
district No. 7 and provide them school privileges in other districts than it 
will to maintain a school in the Vanderpool building. The law requires the 
board to furnish equal school privileges as nearly as may be for all the 
children of the school township. No subdistrict may be discriminated against. 
If it were possible to secure a building near the center of the subdistrict 
and one that would provide for the convenience and comfort of the children, 
it would clearly be the duty of the board to hire such building and maintain 
a school, rather than transport the children, unless it could be shown that 
by transporting the children there would be a saving of expense and they 
would also secure increased advantages. But in the case before us there is no 
building suitably located in the subdistrict that can be secured for school 
purposes. The fact that the board has hired a small building ten feet from 
a barn-yard and at one side of the subdistrict can not be offered now as the 
only course open since the expense is less than if provision had been made 
for transporting the children to other schools. Under such circumstances it 
is not only the legal right but the clear duty of the board to furnish trans- 
portation. Counsel for defendant rightly contends that the board is power- 



314 SCHOOL LAWS OF IOWA. 

less to permanently settle this difficulty until funds are voted with which to 
build a schoolhouse in subdistrict No. 7. But until such funds are provided 
the board under the law must provide the children school advantages, and 
since no suitable building can be hired in the subdistrict transportation 
must be provided. 

It is clear from the evidence and from the pleadings of counsel that the 
failure to vote a tax to rebuild the schoolhouse in subdistrict No. 7 is not 
due to cupidity on the part of tax-payers or to their lack of appreciation of 
or interest in the educational needs of the children. 

The difficulty arises over a custom that seems to have prevailed in the 
township for the past forty-five years by which each subdistrict has voted 
the necessary funds for building its own schoolhouse when needed. 

In our opinion the law gives no warrant for such usage, but on the other 
hand clearly makes it the duty of the voters of the school township to vote 
necessary taxes for the purchase of grounds and the erection of schoolhouses. 

Section 274 of the Code can admit of no other interpretation. Neither is 
there the slightest conflict between this section and section 2753 which 
provides that the voters of the subdistrict "May vote to raise a greater amount 
of schoolhouse tax than that voted by the voters of the school township." It 
was the evident intent of the legislature to afford the people in the subdistrict 
the opportunity of securing a better schoolhouse than the ordinary by voting 
an additional tax on the subdistrict; but it was not the intent to relieve the 
township of its duty to vote a sufficient sum to purchase a site and erect a 
building that would fairly meet the needs of the subdistrict. 

Until the electors of the township vote the required tax the law clearly 
contemplates, it is the duty of the board to do all within its power to provide 
for the children resident in subdistrict No. 7 school privileges equal to those 
offered the other children of the school township. It is our opinion that in 
attempting to provide for such children in the Vanderpool building the board 
committed an error. It is therefore directed that on and after January 1, 
1910, the board of directors of the school township of Richland provide 
school privileges in other schools for the children resident in subdistrict No. 7 
of said township and that transportation be provided for all such children 
who reside more than one and one-half miles from the school house where 
they are directed by the board to attend. 

Reversed. 
JOHN F. RIGGS, 
Superintendent of Public Instruction. 

Des Moines, Iowa, December 15, 1909. 



W. M. Waskow v. Independent District No. 8, Center Township. 

Appeal from Fayette County. 

Appeal. The action of the board in fixing the school house site should not be 
interfered with on appeal, except upon evidence that the board exercised its 
power improperly. School boards should not act with undue haste in making 
contracts when appeal is pending. Work done with undue haste to prevent 



SCHOOL LAWS OP IOWA. 315 

relocation of school site will not prevent relocation if evidence justifies a 
change. 

Location of School Site. The convenience of all residents concerned should 
be subserved in choosing a site. 

On the fifth day of September, 1910, the board ordered that a new school- 
house be erected "Six feet east of the old one," which would be on the present 
schoolhouse site. On the sixth day of Septembr, 1910, an appeal was taken 
from the action of the board by W. M. Waskow to the county superintendent, 
alleging that the proper place for said schoolhouse is eighty (80) rods west 
of the present school site, which would be approximately in the center of the 
district and that no children would be required to travel more than two (2) 
miles to reach the schoolhouse if so located, while rebuilding on the old 
site would be injurious to said affiant in that it would compel children where 
he resides to travel a distance of two and one- fourth (2%) miles to school. 

On trial, the county superintendent reversed the action of the board, and 
ordered a suitable site procured eighty (80) rods west of the present site at 
or near the junction of the north and south road with the road running east 
and west. 

From his decision D. N. Austin and John Hack, two members of the 
board, appeal, claiming that the county superintendent of schools erred in 
reversing the decision of the board and in ordering that said schoolhouse site 
bo changed, and abused discretion in so reversing the decision of said board 
of directors for the reason that the location of said school site, as made by 
said board of directors, is proper and for the best school interests of said 
district. 

From the findings of the county superintendent, as expressed in his de- 
cision, it appears that some of the patrons living east of the present site 
are constrained through fairness to those living west of the site to testify 
that they would prefer that the new schoolhouse should be located eighty (80) 
rods west of the present site; that a part of the membership of the board 
was actuated by selfish motives to retain the old site, that a preponderance 
of the evidence shows that a better site, can be obtained eighty (80) rods 
west of the present site. 

The question to be decided is, did the county superintendent err or overstep 
his authority in reversing the decision of the board and by ordering a change 
of site upon which to build a new schoolhouse, as directed in his decision? 

Reference to the testimony in the case and to a map furnished with the 
transcript showing the location of houses occupied by residents of the district 
establishes the fact that by locating the new schoolhouse as ordered by the 
county superintendent no children would be required to travel over one and 
three-fourths (191) miles to school, except from the residence of the affiant 
in the case before the county superintendent, who would still have nearly 
two (2) miles to travel to school. 

The action of the board in fixing the schoolhouse site should not be interfered 
with on appeal, except upon evidence that the board exercised its power im- 
properly. In fixing the school site, the geographical position and the con- 
venience of the people of each portion of the district should be considered. 
The discretionary power vested in the board does not preclude the authority 



316 SCHOOL LAWS OF IOWA. 

Df the appellate tribunal to decide the question upon its merits as the evidence 
favors, otherwise an appeal would be a useless provision of the law. It is 
even held that "the county superintendent is not limited to a reversal or 
affirmance of the action of the board, but he may determine the same questions 
which it had determined." (Opinion of attorney general published in the 
Iowa School Journal, April, 1866.) See John Clark v. District Township of 
Wayne, School Law Decision, 1876, page 47, J. J. Wilson et al v. District 
Township of Center of Monroe, and J. 8. Folsom et al, v. District Township 
of Center, School Law Decisions, 1907, pages 27 and 41. See also 110 Iowa, 652. 
In the case in question, the old schoolhouse is considered unfit for school 
purposes, a tax has been levied for a new building and the board has pro- 
seeded, as hereinbefore stated. The time seems opportune to consider care- 
fully the convenience and rights of all families in the district and in deciding 
upon a location for a new schoolhouse, every dwelling house in the district 
should be taken into account. See case of J. 8. Folsom et al. v. District Town- 
ship of Center, School Law Decision, 1907, page 41. 

It should be noted that a meeting of the residents of the district was 
called by the president for the purpose of gaining the views of said residents 
as to the proper location for the new schoolhouse. All members of the board 
were present at this meeting. The testimony found in the transcript dis- 
closes the fact that the meeting was well attended and that a majority of 
those who spoke favored the site at the center of the district. The individual 
testimony at the trial also discloses the same condition, but more pronounced 
in favor of the proposed new site at the center of the district. The testimony 
also shows that the board, which consists of three members, did not decide 
unanimously in favor of the old site. It appears in the testimony that there 
are some grounds for the accusation that the board was actuated by some 
selfish motive in coming to the conclusion, and there was an abuse of dis- 
cretionary power in this respect. It appears in the answer to the affidavit 
of appeal filed with the county superintendent that between the date of 
fixing the schoolhouse site, September 5, 1910, and the date of said appeal, 
September 6, 1910, the contractor had already "entered upon a fulfilling of 
his contract and had laid the foundation and erected a part of the frame 
work of said school building prior to the time the notice of appeal was 
served." It is argued that a change in said site at this time might involve 
said school district in litigation with the contractor. It is obvious that 
special haste must have been exercised in the fulfillment of the contract. 

In the case of Atkinson et al. v. Hutchinson et al., 168 Iowa, page 161, the 
court has said: "When an order for a change of site is made, and it is 
not known that all persons affected are satisfied with the order, it appears 
to us that prudence would dictate that the execution of the order should be 
postponed until an opportunity has been afforded for a review of the same, 
if any desired to appeal." It would seem that a similar rule might apply in 
this case with regard to the erection of a new schoolhouse practically upon 
the old site. The board knew that there was dissatisfaction with this site 
and that an appeal might probably be made from its action in choosing the 
old site for the new building. The evidence shows that one of the directors 
had himself told appellee, prior to said action, that he might appeal therefrom. 



SCHOOL LAWS OF IOWA. 317 

Under these circumstances, it would seem that the board might prudently have 
postponed the erection of the new building until an opportunity has been af- 
forded for a review of their action, if any desired to appeal. We think, there- 
fore, that the point attempted to be made by the board, to the effect that work 
already done by the contractor might involve them in litigation, is not well 
taken. If true, it is the fault of appellants and not of appellee, and the latter 
should not be made to suffer therefor. 

From the evidence submitted in the case it appears that the convenience of 
all residents concerned can be better subserved by choosing a site for the new 
school house as directed in the decision of the county superintendent; that a 
majority of the residents favor such a location; that the patrons having the 
greatest number of children including one patron living on the east side of the 
district having the greatest number of children of school age of any one in the 
district favor the new site and that a preponderance of the evidence favors the 
central location as the more desirable site. 

The decision of the county superintendent is Affirmed. 

A. M. DBYOE, 
Superintendent of Public Instruction. 

Dee Moines, Iowa, March 4, 1911, 



William Ekickson and C. G. Younggeen v. Independent School of Cobueg. 

Appeal from Montgomery County. 

Minority. Even a small minority of the patrons of the school have rights that 
can not be ignored. School boards in locating school house sites, should equalize 
the distance to be traveled by children as nearly as possible. 

Transportation. Transportation of pupils in a small district is not feasible. 
The funds could be used to better advantage to pay better teachers and securing 
better equipment. 

Rights of All. The rights of all must be considered rather than the conven- 
ience of even a majority in selecting a school site. 

The history of this case and the conditions existing in the Independent School 
District of Coburg are very similar to those recounted in former decisions by 
the Department of Public Instruction. 

The boundaries of the incorporated town of Coburg coincide with the bound- 
aries of the Independent District of Coburg. The area embraced in the Inde- 
pendent District of Coburg consists of four sections of land as usually arranged, 
together with the adjacent forties on the north; the district being two miles from 
east to west and two and one-fourth miles from north to south. The platted town 
of Coburg is located about midway between the north and south boundary lines 
and to the extreme western side of the district. The present school house site 
is located about forty rods south of the center of the district at the center of 
the four sections which enter into the formation of the district. 

The transcript in the case shows that a special election was held, as provided 
by law, in the Independent School District of Coburg, at which the following 
questions were submitted to the voters: "Shall the Coburg Independent District 



318 SCHOOL LAWS OP IOWA. 

issue bonds in tlie sum of $1,500'.00 for the purpose of purchasing site and con- 
struction of schoolhouse?" The proposition carried by a majority of two votes. 

A special meeting of the school board followed when the board entered into 
negotiations for the disposal of the bonds and steps were taken toward securing 
plans for a new schoolhouse, to submit to the county superintendent for approval. 

At the regular meeting of the board on the first day of July, the plans and 
specifications approved by the county superintendent were accepted, and the 
president of the board was authorized to purchase certain lots within the town 
plat of Coburg. The site selected is 212 rods west and 45 rods north of the old 
school house site, a distance of but a trifle over one-third of a mile from the 
west boundary line of the district. 

From the order of the board directing the purchase of the lots selected for a 
new school house site, William Erickson and C. C. Younggren, farmers residing_ 
in the eastern part of the district, filed an affidavit of appeal with the county 
superintendent of Montgomery county, in which it is alleged that said board 
committed error in not taking into consideration the geographical position, num- 
ber and convenience of the pupils residing in the district, and that the proposed 
site is so situated as to practically deprive the children living in the southeast 
and northeast parts of the district of the privilege of attendance at school. The 
board evidently had not contemplated making provision for their attendance at 
any other school. 

The county superintendent is of the opinion that the board erred in its se- 
lection of the new site and therefore reversed the action of the board. From 
this decision, the board appeals to the Superintendent of Public Instruction. 

Th board charges in its declaration of grievances that the county superin- 
tendent in making her decision, "went contrary to the numerical and geographi- 
cal location of the majority of the children of school age living in the district 
and further that the evidence does not show that said board had planned to have 
the few children living in the extreme part of the district conveyed at public 
expense." 

The evidence in the case shows that three of the five directors live in the 
town proper of Coburg. 

The question to be determined is, did the county superintendent commit error 
in reversing the -action of the board in selecting the site for the new school 
house so far removed from the geographical center of the district, notwithstand- 
ing the fact that about half of the persons of school age reside within the com- 
paratively small area forming the town plat of Coburg, and further that a ma- 
jority of the families live nearer the proposed site than the old one? 

A school located within the borders of any town is a convenience to be ap- 
preciated, and a school building of modern architectural design may well be 
the pride of any community. However, the claim set forth by counsel for ap- 
pellee is correct, "that even a small minority of the patrons of the school have 
rights that can not be ignored." It is the intent of the law, that school boards 
in locating school house sites, equalize the distance to be traveled by children to 
school as nearly as possible. We think it is clearly implied in Section 2803 that 
no child shall be required to travel an unreasonable distance in order to secure 
school privileges. 



SCHOOL LAWS OF IOWA. 319 

Section 2774 of the school laws provides that "when there will be a saving of 
expense, and childi*en will also thereby secure increased advantages, the board 

may arrange for the transportation of any 

child to and from school in the same or another corporation." 

The evidence in the case established the fact that none of the residents of 
the district live more than two miles from the old site, while the proposed site 
would place as many as four families each having several children attending 
school, from 2% to 2% miles from school, which is considered too great a dis- 
tance for children to travel to school, and would virtually deprive them of school 
privileges unless some means of transportation is provided for them. It is ob- 
vious from the testimony in the case that the board had not considered the mat- 
ter of providing transportation for these children a't the expense of the district. 
In so small a district, we very much doubt the advisability of selecting a site 
for a schoolhouse that would necessitate incurring the expense of providing 
proper transportation of children, when it is possible to locate a schoolhouse in 
the district where no one will be placed at an unreasonable distance from school. 
The use of school funds might be used to better advantage in salaries for the 
best teachers to be had and in securing the best possible equipment for the 
school. If the Independent District of Coburg included the four sections of 
land west of the present district, it could afford some expense for transportation 
of pupils and the location of the school would very properly be in the proximity 
of the tov/n of Coburg. 

The intent of the board to build up a graded school and provide for two de- 
partments is commendable. With a school population of about sixty persons it 
appears that the average daily attendance ought to exceed eighteen. Undoubtedly 
there are those among the older boys and girls who could profitably be in school, 
and possibly would be in school during the winter months at least if special 
school advantages were afforded in the district. Unquestionably as good a 
school can be provided where the old school house stands, or at any other place 
within the district, as at the proposed location. Even though the children in 
the town may be compelled to travel about %, of a mile to school, such distance 
would not be an unusual distance for children to travel to school in towns and 
cities. 

The fact that nine-tenths of the school taxes are paid by residents outside the 
town plat of Coburg is not entitled to consideration in determining the loca- 
tion for the schoolhouse site. The child of the poorest parentage is as much en- 
titled to free public school advantages as is the child of the extensive property 
holder who may be a heavy tax payer. 

We agree with the county superintendent in the interpretation of the law 
when she states in her decision "that the rights of all must be considered rather 
than the convenience of even a majority and that the board erred in its selection 
of the proposed site." The case of J. 0. Severeid and John Stenberg v. Inde- 
pendent District of Fieldberg, School Law Decisions, 1907, page 82, corroborates 
this view. 

The decision of the county superintendent is Affirmed. 

A. M. DBYOE, 
Superintendent of Public Instruction. 

Des Moines, Iowa., November 25, 1911. 



320 SCHOOL LAWS OF IOWA. 

Aakon Bueson and L. E. WiLKiNSOiSf V. The School Township of Center. 

Appeal from Mills County. 

BouNDAEY Lines. Boundary lines of contiguous school corporations may be 
changed at any regular meeting or at a special meeting thereafter called for that 
purpose, even though this change be made between March 1st and the regular 
July meeting. 

School Officers. If such a change in boundaries occurs bctw^een March 1st 
and July 1st, the members in office would act until July 1st when the board 
would proceed under new organization just as though no change had occurred, 
until new boards have been elected and duly organized in accordance with the 
change in boundaries. 

This case involves the legality of the proceedings in the concurrent action of 
school boards in changing the boundary lines between contiguous school corpor- 
ations as provided in Section 2793, School Laws of Iowa. The Independent 
School district of Silver No. 2, and the School District Township of Center are 
contiguous school corporations in Center township, Mills county, Iowa. The In- 
dependent District of Silver No. 2, consisted of six sections of land. By concur- 
rent action, the boards of these districts sought to transfer the west ons-fourth of 
sections three (3) and ten (IQ) in Center township from the District of Silver 
No. 2 to the school township of Center. The transcript sho-7:s that the concurrent 
action of the boards took place at special meetings of the boards between March 
1st and July 1, 1911. The affiants in the case are residents and tax payers living 
in the territory which was transferred. 

It was on the 21st day of March, 1911, that the board of the Independent 
School District of Silver No. 2 met in special session and by unanimous vot 
all members being present, adopted a resolution offering to transfer the terri- 
tory hereinbefore described to the District township of Center. On the same 
date, March 21, 1911, a transcript of this resolution was transmitted to the board 
of directors of the District Township of Center, which board was also in session 
in the school house in Subdistrict No. 1. The board of the District Township of 
Center decided to defer action of the resolution until a later meeting of the 
board to be called by the president. 

Pursuant to call by the president, the board of the District Township of Cen- 
ter met in the school house in Subdistrict No. 2, April 1, 1911. The following 
facts are gained from the transcript of the secretary's minutes of the meeting: 
"The members of the board are all present. The meeting of the board was called 
by the president of the board to consider the proposition made by the board of 
school directors of the Independent School District of Silver No. 2, of the to v^n- 
ship of Center and the county of Mills and the state of Iowa. Said proposition 
in effect being that this school township annex to the school township the west 
fourth of section three (3) and ten (10) of township 72, range 42, north. 

"The board of directors of this school township concurred in the resolution 
presented by the board of directors of the Independent School District of Silver 
No. 2, and by concurring in the action of said Independent School District of 
Silver No. 2, annexed to the school township of Center the west fourth of sections 



SCHOOL LAWS OF IOWA. 321 

three (3) and ten (10) of the township of Center and the county of Mills and 
the state of Iowa. 

N. S. Phelps, Secy." 
Aaron Burson and L. E. Wilkinson appeal from the concurrent action of the 
board of directors of the school township of Center. The affiants claim that the 
action of the boards of the Independent District of Silver No. 2, and of the Dis- 
trict Township of Center, was illegal and without authority of law. 

1. That the meeting of the board of directors of the Independent School Dis- 
trict of Silver No. 2 held on the 21st day of March, 1911, was not called for the 
purpose of detaching territory from said district and attaching it to another 
school district; further that said meeting "was secretly held and without notice, 
and at a time when said action could not be legally taken," viz., between March 
1st and July 1st. 

2. That the action of the board of the District Township of Center is void 
and without effect for the reason that the board was without jurisdiction to pass 
upon said resolution at a special meeting held on the first day of April. 

At the hearing before the county superintendent on the 24th day of May, coun- 
sel for appellants filed an amendment to the original affidavit of appeal alleging, 
"that the special meeting of the board of directoi's of the school township of 
Center held on the first day of April was illegal and void for the reason that 
one member of the board was absent and was not notified of said special meet- 
ing." It was developed during the taking of evidence at the trial that about 
December 1, 1910, one J. M. Anthony, director-at-lai'ge for the District Township 
of Center, removed to the city of Glenwood, outside the District Township of 
Center, and resided there until about April 15, 1911, when he moved back to the 
District Township of Center. 

Nothing in the affidavit of appeal or in the transcript indicates how the pa- 
trons living in the territory transferred will be affected concerning convenience to 
school. This may be unfortunate as this department is of the opinion that this 
matter is vital, and should really be the principal basis of appeal in such cases. 

The county superintendent affirmed the action of the board of the District 
Township of Center. Appeal is carried to the superintendent of public instruc- 
tion. 

The county superintendent in affirming the action of the board dismissed the 
amendment to appellants' affidavit of appeal on the grounds that "evidently in 
the opinion of the president of the board, and the scretary, Mr. Anthony was not 
a member at the time the action was taken, and was not entitled to notice. 
Turning to the secretai-y's transcript, we find he certifies that all members are 
present. We have no authority to set aside the secretary's transcript and accept 
evidence unless fraud is charged. As this is not the case, we accept the secre- 
tary's transcript as evidence that the board was acting in good faith without 
the presence of the member-at-large." We are of the opinion that the county 
superintendent is right in his conclusions with reference to this point and this 
question is dismissed from further consideration. 

As to the specific charge in the affidavit of appeal that due notice of the special 
meeting of Silver No. 2 was not given, and that said meeting was not called for 
the purpose of changing boundary lines, therefore the action of the board was 
not legal, the transcript shows that all members were present and the secre- 

21 



322 SCHOOL LAWS OF IOWA. 

tary's transcript shows that the meeting was called for the purpose of consider- 
ing the matter of detaching territory from said district and attaching same to 
another school corporation. Section 2757 of the School Laws contains the fol- 
lowing with reference to special meetings of school boards: "But attendance 
shall be a waiver of notice." Consequently no weight should be given to this 
allegation. 

The only question remaining to be decided is, did the school board of the 
School Township of Center commit an error by its concurrent action in chang- 
ing the boundary lines of the school township on the date specified, April 1st? 
Should the language of the law, viz.: "at regular meetings in July or at special 
meetings thereafter," be construed to mean that, school boards m^ay legally 
change boundary lines of school corporations at any time provided the action is 
taken at the regular meetings in July or special meetings held prior to March 
1st? We find no cases on record involving this issue concerning change of 
boundaries of school corporations as having been determined by the supreme 
court or by the department of public instruction. 

The identical language, viz.: "special meetings thereafter," is used in Section 
1796, Code of 1873, (Section 2801, Code of 1897), with reference to changing 
boundaries of subdistrict. 

Several decisions were rendered by the department of public instruction prior 
to 1891 concerning the interpretation of the language of the law in question, as 
found in Section 1796, Code of 1873. The department ruled that boundary lines 
of subdistricts could legally be changed at special meetings, properly called, held 
after the regular meeting of school boards in September, but not later than 
March 1st. (By act of the Thirty-first General Assembly, 1906, the date of the 
annual meeting was changed from the third Monday in September to the first 
day of July.) 

However, the decisions of the department refer to change of boundary lines of 
subdistricts and not to change of boundary lines of school corporations. 

Except as definitely restricted by statute to a specified time, we are unable to 
cite any instances where the power or authority of officials to act in their full 
capacity is questioned, whether such official action is taken on the first day or 
the last day of their terms of oJBice. 

If there is good reason for not changing boundary lines of school corpora- 
tions as provided in Section 2793 between March 1st and July 1st, the law should 
very properly be amended to read as follows "or at special meetings thereafter 
held prior to the time for posting notices of election of directors on the first 
and second Mondays in March." As a matter of fact, the Commission appointed 
by the Twenty-fifth General Assembly to re-codify the laws of Iowa did recom- 
mend that this construction be written into the Code by inserting the phrase, 
"before the regular March meetings," after the word "thereafter." The Twenty- 
sixth General Assembly did not amend the law as recommended by the Code 
Commission, 

^'Section 2802 of the School Laws provides that boards of directors in school 
districts, the bundaries of which may have been changed, shall continue to act 
until their successors have been chosen at the next regular school election in 



*After consultation with Counsel in the office of the Attorney General, since 
writing- the decision in the case of Burson and Wilkinson vs. The School Town- 
ship of Center, I am of the opinion that new boards may be elected in accordance 
with the new boundaries at special elections called for that purpose. 

Undoubtedly notes 2 under Section 2793 and 22 under Section 2802, citing- the 
report of the Attorney General, 1906, page 194, School Laws, Edition 1907, applied 
to Code Sections 2793 and 2802 prior to their amendment by Sections 10 and 13, 
Ch. 136, Thirty-First General Assembly. June 1, 1912. 



SCHOOL LAWS OF IOWA. 323 

conformance with the boundary limitations of the new districts and said boards 
duly organized according to law. Until entirely new hoards of directors have 
been so elected and organized, we do not think the rights of the directors in 
office making the change in boundaries, or of members-elect, would be affected. 
If such change in boundaries occurs between March 1st and July 1st, the mem- 
bers in office would act until July 1st, when the boards would proceed under 
new organizations just as though no change in boundaries occurred, until new 
boards have been regularly elected and duly organized in accordance with the 
change in boundaries. 

"The boundary lines of contiguous school corpoi'ations in the same county 
may be changed by concurrent action of the respective boards of directors at 
their regular meetings in July, or at special meetings thereafter called for that 
purpose." School Laws of 1907. "Hence, it follows that such a change in the 
boundaries of school corporations may be made at any regular meeting, and as 
there is no prohibition against changing such boundaries between the time of 
giving notice of the election of directors on the first Monday in March and the 
date of such regular meeting, and inasmuch as a date between March and July 
would be after the previous regular July meeting, such boundaries could legally 
be changed between such dates the same as at any other time between the dates 
of the regular meetings, provided 'a special meeting is called for that purpose 
between such dates.' " Opinion of the attorney general, November 20, 1911. 

After very careful consideration, we are constrained to agree with the county 
superintendent in his interpretation of the meaning of the phrase of the law in 
question, viz.: "at special meetings thereafter" to be, that school boards, under 
Section 2793, may by concurrent action legally change the boundaries of the 
school corporations at any time, as far as the element of time is concerned. 

His decision is therefore Affirmed. 

A. M. DEYOE, 
Superintendent of Public Instruction. 

Des Moines, Iowa, December 11, 1911. 



F. C. Paixe v. The School Township of Amsteedam, 

Appeal from Hancock County. 

Re-Opemng of Closed Schools. The matter of re-opening a school is purely a 
discretionary power of the board, and like all discretionary acts of the board, is 
subject to appeal to a higher tribunal. The number of children who live in a 
district is not necessarily a determining factor in re-opening a school. 

Powers of Board. Sub-districts do not exist as school corporations but merely 
subdivisions of the township unit and do not determine where children shall 
attend school. The board may determine what school in the corporation chil- 
dren shall attend without regard to sub-district boundaries. 

This appeal relates to the re-opening of a school ordered closed by the board 
as provided ia Section 2773 of the School Laws. The school in question is lo- 
cated in sub-district No. 5, Amsterdam Township, Hancock county. 

At the last regular meeting (July, 1911) of the school board, F. C. Paine, the 
director for subdistrict No. 5, sought to have the school re-opened and have a 
teacher regularly employed as is done for the other schools in the school 



324 SCHOOL LAWS OF IOWA. 

township. The board refused to open the school and hire a teacher, but directed 
that the children in each family residing in the subdistrict be assigned to the 
nearest school, with the privilege granted, if any families preferred to do so, 
of sending their children to schools of their choice in the township, including 
the graded school in the Independent District of Kanawha. 

The school building in the Independent District of Kanawha is located about 
one mile south from the school house in subdistrict No. 5. 

The board also ordered that the tuition and all necessary expenses for text- 
books and supplies for any children who might select the Kanawha school should 
be paid by the school township. The school township of Amsterdam furnishes 
free text-books and supplies for the schools of the district, consequently no dis- 
crimination of expense for text-books and supplies was allowed to stand against 
those who might choose to attend the Kanawha school. 

F. C. Paine appealed to the county superintendent who sustained the board. 
Affiant then appealed to the superintendent of public instruction. 

The essence of the grievances set forth in the affidavit of appeal is "that the 
county superintendent erred in affirming the action of the board" for the reason 
that the evidence substantiates the cause of appeal from the decision of the 
board, viz., "the school board entirely ignored and failed to take into considera- 
tion the geographical location and the number and convenience of the pupils of 
school age in subdistrict No. 5; that all of the schools to which the pupils of 
said subdistrict No. 5 were directed to be sent are more inaccessible and at a 
greater distance from the respective homes of said pupils than the school house 
in subdistrict No. 5." 

The gist of the argument of appellant's counsel is founded on the following 
phrases in Section 2773 of the Code of 1897; "taking into consideration the geo- 
graphical position, number and convenience of pupils," which relate to the 
power of school boards in fixing schoolhouse sites. The citations to decisions 
of the supreme court relate to the same matter. When locating school house 
sites, the geographical position and convenience of pupils should be carefully 
considered in order that no child may be compelled to travel an unreasonable 
distance to school. Would the language of the law quoted apply with equal 
force to the power of boards in closing schools under Section 2773? We do not 
think so. The construction of the language of this section does not so indicate. 
The phrases quoted relate to fixing school house sites and not to closing of 
schools. The board possesses entire jurisdiction in the matter of fixing school 
house sites within the limitation of the law, but school boards cannot shorten 
the number of months of school to less than the required number of six months 
each year, except when authorized to do so by the county superintendent. How- 
ever, the matter of re-opening a school is purely a discretionary power of the 
board, and like all discretionary acts of the board, is subject to appeal to a 
higher tribunal. It has ever been held by this department that discretionary 
action of school boards should be affirmed on appeal, unless by the evidence 
it is clearly proven that the board violated the law or abused its discretion. 

The evidence in the case shows that four families having ten children to send 
to school reside in subdistrict No. 5; that two of these families have no farther 
to travel to school by attendance in subdistrict Nos. 4 and 6 than to the school 
house in No. 5; that there are public roads leading directly to these schools from 
both homes over which other children are compelled to go back and forth to 



SCHOOL LAWS OF IOWA. 325 

school. The claim is made that the road to No. 6 over which affiant's children 
would he required to traverse is nearly impassable, yet small children from 
another family living across the road from affiant must travel this road to 
school. The teacher for No. 6, whether from choice or necessity, has boarded 
most of the time of late years with this family and must walk to school over 
this same alleged impassable road. The argument is advanced that because 
the school house in No. 5 is in the direction of town from all residents having 
chiliren to send to school, who live in subdistrict No. 5, the failure of the board 
to take this condition into consideration is evidence that said board has abused 
its discretion. There will probably be very few occasions when it will be conven- 
ient to drive to town and then return home just at hours when children should 
go to school in the morning and return home after the close of school. If there 
Is any force in this argument, then there should be a general re-arrangement of 
subdistrict boundaries in order that all children may travel in the direction of 
town when going to school. 

J Two families are situated at a greater distance from school by reason of the 
closing of the school in subdistrict No. 5. The plat submitted with the tran- 
script shows these families reside — one a little over a half mile east and the 
other family about one-half mile north from the school house in district No. 5 
and that both families reside about one and one-half miles to the next nearest 
schools in the district township and about one and one-half miles from the 
school in Kanawha. Wherever the element of distance is mentioned in the 
school laws, one and one-half miles is not considered an unreasonable distance 
to school. See Section 2803 of the Code 1897. Of course there might be unusual 
conditions, such as unbridged streams or impassable highways. There might be 
a Avise saving of school funds by the closing of all schools when by so doing no 
child would be located more than one and one-half miles from school. The evi- 
dence shows that the children in this subdistrict were given permission to at- 
tend the school in the Independent District of Kanawha which would permit 
these children to travel to the town school, if there is any virtue in the argu- 
ment "of opening a school so that children may travel in the direction toward 
town when going to school." 

We can hardly conceive of a condition more favorable where it would be 
possible to apply the provision of Section 2773 concerning the lessening of the 
number of months of school each year. There is one family, that of Mr. William- 
son, which does appeal to our sympathy. There are three little girls in the fam- 
ily, the youngest of whom is a little past five years of age and the oldest is nine 
years of age. This family resides east a little over one-half mile from the school 
house, and nearly one and one-half miles to No. 6 and about one and one-half 
miles to Kanawha, and yet these children need travel but one-half of a mile be- 
fore joining other children and the teacher who, as before stated, boards usually 
in the direction of this hom^e from No. 6. Undoubtedly there may be days in 
winter when children should be transported to school. We are not ready to 
say that the board has abused its discretionary power. "The action of the 
board may not be wholly approved by the judgment of the county superintend- 
ent, but if it be not illegal or clearly unjust, it should be sustained." Edwards 
et al V. District Township of West Point. School Law Decisions. 

We are impressed v/ith the force of the claim made by counsel for appellant 



326 SCHOOL LAWS OF IOWA. 

in his ably prepared argument, tliat until schools in the rural districts are con- 
solidated and pupils transported at public expense, each subdistrict has an ab- 
solute right to fair treatment in the distribution of the district funds and in 
the maintenance of equal school privileges. However, that subdistrict is fortun- 
ate indeed where none of its patrons are located at a greater distance from 
school than one and one-half miles. Simply because there is a school house in 
a subdistrict, does not give any resident a vested right to demand a school. It 
is clearly within the jurisdiction of the board to designate which school each 
child shall attend as long as there is no manifest abuse of discretion. We can 
not believe that there is abuse of authority by closing a school and directing 
that children shall attend another school when the greatest distance children 
will be required to travel does not exceed one and one-half miles. 

A recent decision of the supreme court in upholding the opinion of the depart- 
ment in the case of W. C. Arnold, et al. v. the School Township of RicTiland, Wap- 
ello county, in requiring the board to provide transportation for those children, 
only, who live more than one and one-half miles from other schools, and where 
the board had failed to take action to replace the building that had burned in 
one of the subdistricts, would support the opinion that one and one-half miles 
should not be considered an unreasonable distance for children to walk to 
school. 

The subdistrict does not exist as a school corporation, but merely as a sub- 
division of the township unit of organization, and is not formed necessarily to 
determine where children shall attend school, but the board may determine 
what school in the district tlie children shall attend, without regard to subdis- 
trict boundaries. 

The decision of the county superintendent is Affikmed. 

A. M. DEYOE, 
Superintendent of Public Instruction. 

-fi'ebruary 1. 1912 



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LE D '12 



